Moore v. . Shields
Supreme Court of North Carolina
Civil action, heard and decided by Watts, J., at the Pall Term, 1872, of the Superior Court of Halifax county. This proceeding was instituted by the plaintiff, for the purpose of obtaining a decree, declaring the proper application of a certain fund, received by him as Commissioner of the Court, for the benefit of certain infant heirs, under an order of the Court in a former suit, in the decision of which the fund originated.
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Civil action, heard and decided by Watts, J., at the Pall Term, 1872, of the Superior Court of Halifax county. This proceeding was instituted by the plaintiff, for the purpose of obtaining a decree, declaring the proper application of a certain fund, received by him as Commissioner of the Court, for the benefit of certain infant heirs, under an order of the Court in a former suit, in the decision of which the fund originated. In the complaint, it is alleged by the plaintiff, and all the allegations are admitted to be true, that in 1861, one J. H. Harrison, of Halifax county, died intestate,…
1Opinion of the CourtRodman, J.
1. We have no difficulty in saying that the fund in the hands of Mr. Moore must be considered as the rents and profits of the lands. It is not a part of the land, because that remains in specie, in the possession of the heirs and it does not appear that it has been wasted or dilapidated.
2. As to the application of the fund, we think we are bound by the decision in Washington v. Sasser, 6 Ired. Eq. 336. Previous to that decision it was the general opinion of the profession, founded on what was said in Harrison v. Wood, 1 D. & B. Eq. 437, that the heir might hold against the creditors of his…
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