Statewide County NcArchives Court.....Hogg - Deceased, Robert 1787
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Source: Colonial Records Of North Carolina
Written: 1787

Acts of the North Carolina General Assembly, 1786 - 1787
North Carolina. General Assembly
1786 
Volume 24, Pages 783-884

CHAPTER LVI.

An Act to Enable the Executors of Robert Hogg, Deceased, to Maintain and 
Defend Suits Under the Regulations Therein Mentioned.

It having been represented and proved to the Assembly that Samuel Campbell, 
formerly one of the copartnership of Hogg and Campbell, while he was a citizen 
of this State, and before he withdrew from his allegiance to it, did assign 
and set over for a good and valuable consideration, all his right, title, 
claim, interest and demand to all and every part of the profits of and debts 
due to said copartnership, to James Hogg, one of the executors and devisees of 
the said Robert: And whereas the said Samuel, by withdrawing from his 
allegiance to this State, has become disabled by himself or by others to bring 
suits in his own name: And whereas by the death of the said Robert, the only 
mode of maintaining suits for the recovery of debts due to the said 
copartnership agreeable to the laws now in force, must be in the name of 
Samuel Campbell, surviving copartner of Hogg and Campbell: And whereas thereby 
the executors of the said Robert Hogg are utterly prevented from recovering 
the just debts due to the said copartnership so assigned, and are thereby 
disabled to carry the will of the deceased Robert into execution and to pay 
his just creditors:

I. Be it therefore Enacted by the General Assembly, and it is hereby Enacted 
by the authority of the same, That William Hooper, James Hogg and James 
Burges, be and they are hereby authorized and empowered to maintain suits, as 
well in law as equity, in the names of themselves, stiling themselves 
executors of Robert Hogg, deceased; and in the names of the survivors or 
survivor of them, for all monies due and owing to the said copartnership, and 
upon the breach of all contracts heretofore made or done on default of such 
conditions to be made or done to the said copartnership, and in their own 
names and as executors aforesaid, to sue, prosecute and defend all and every 
suit, both in law and equity, for and on account of said copartnership, to 
have recoveries in the same manner, as fully and amply to every intent and 
purpose, as he the said Samuel Campbell in his own name could, if he had 
remained until this time a good, true and faithful citizen of this State, and 
had never assigned his interest in the copartnership to the said James Hogg or 
any other person whatsoever; any law, custom or usage to the contrary 
notwithstanding. Provided nevertheless, That nothing in this law contained, 
shall be construed to extend to bar or relinquish any claim which this State 
has or may have to all or part of the property of the said Samuel Campbell. 
(Passed Jan. 6. 1787.)

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