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120 N.C. 449

27 S.E 121

Wilson v. . Featherstone

Supreme Court of North Carolina

Decided February 5, 1897

Supreme Court of North Carolina · decided 1897-02-05

J., at December Term, 1896, of Buxcombe Superior Court. John Wilson died in August, 1893, leaving certain property, which descended to. his only child, Clara Feather stone, and out of said property his widow (the plaintiff) was allotted her dower, the same consisting of certain lands, “together Avith the improvements thereon.” After the allotment of dower defendants built a high fence on three sides of the property so allotted, completely closing up every window on three…

Cited by 2 later decisions — most recently May 1914

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1897-02-05

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Eaiegloth, O. J.:

¶1 There are two reasons why an injunc - tion should not have been granted in this case:

¶2 1. No written undertaking was written or tendered as required. The Code, Section 341; Miller v. Parker, 73 N. C., 58; James v. Withers, 114 N. C., 474.

¶3 2. There is no allegation of defendant’s insolvency; on the contrary, the plaintiffs’ affidavit admits that the defendants “are wealthy and amply able to respond in damages for any wrong done this affiant.” Hettrick v. Page, 82 N. C., 65; McNamee v. Alexander, 109 N. C., 242; Land Co. v. Webb, 117 N. C., 478.

¶4 Reversed.

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