Batchelor v. . Overton
Supreme Court of North Carolina
Appeal from Ferguson, J., at November Term, 1911, of Nash. Action of claim and delivery. On reading tbe pleadings and it being admitted that plaintiff, at tbe time of trial, was not a resident of this State and bad not given a bond in tbe State as executor, bis Honor, on motion, entered judgment of nonsuit, and plaintiff excepted and appealed. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Solee.
1Opinion of the CourtHoke, J.
It was alleged in tbe complaint and admitted in tbe answer tbat in December, 1902, plaintiff, O. D. Batchelor, was duly qualified as executor of Y.' B. Batchelor, deceased. Tbe letters of administration to O. D. Batchelor of said date, in proper form, were received in evidence, showing tbat' said Y. B. Batchelor had died resident in Nash County, leaving a last will and testament and appointing plaintiff his said executor, and it was further admitted that the will provided that no bond should be required. It was further alleged in the complaint and admitted in the answer that in December,…
2Cases cited13 opinions
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Springer v. . ShavenderSupreme Court of North Carolina · 1896
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- Jordan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1905
- Leatherwood v. SullivanSupreme Court of Alabama · 1886
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3Cited by6 opinions
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- STATE TRUST COMPANY v. TomsSupreme Court of North Carolina · 1956
- Hines v. Foundation Co. of New YorkSupreme Court of North Carolina · 1928
- King v. SnyderSupreme Court of North Carolina · 1967
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