Ingram v. . Ingram
Supreme Court of North Carolina
This was an action of assumpsit, tried before Ellis, Judge, at the Spring Term, 1856, of the Superior Court of Union County.
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This was an action of assumpsit, tried before Ellis, Judge, at the Spring Term, 1856, of the Superior Court of Union County. The action was founded upon the following written instrument, viz: “Whereas, John M. Ingram, has released to me all his interest in the estate of George W. Ingram, and also agreed not to bid for the property, when sold, upon which I hereby agree to pay him, when the estate of George W. Ingram is settled by the administrator, his claims on the estate of said George W. Ingram, consisting of one hundred and seventy-five dollars for the hire of negroes, due the 1st of…
1Opinion of the CourtBattle, J.
"We do not concur with his Honor upon the first ground of objection taken for the defendant, to wit, that the action was commenced too soon. The law required that the estate should be settled up by the administrator within two years, and the presumption is, that he performed his duty, unless the contrary be shown. This, presumption was sufficient to make a prima faeie case for the plaintiff, and throw the burthen on the defendant of proving that the estate of the intestate had not been settled when the writ was issued.
The second objection is fatal to the action, and upon that, we think that…
2Cited by10 opinions
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- King v. . WinantsSupreme Court of North Carolina · 1874
- Davis v. Keen.Supreme Court of North Carolina · 1906
- Lamm v. CrumplerSupreme Court of North Carolina · 1951
- Aycock v. . GillSupreme Court of North Carolina · 1922
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