Rogers v. . Gooch
Supreme Court of North Carolina
Civil ActioN tried at November Special Term, 1881, of Halifax Superior Court, before Gilmer, J. This action is brought for the recovery of a sum of money due upon a bond, and the only question is as to the right of the plaintiff to maintain the action. The facts are: Eliza A. Phillips died prior to the year 1860, leaving a will of which one J. M. S. Rogers was appointed and qualified as the executor.
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Civil ActioN tried at November Special Term, 1881, of Halifax Superior Court, before Gilmer, J. This action is brought for the recovery of a sum of money due upon a bond, and the only question is as to the right of the plaintiff to maintain the action. The facts are: Eliza A. Phillips died prior to the year 1860, leaving a will of which one J. M. S. Rogers was appointed and qualified as the executor. On the 22d day of May, 1860, he sold the personalty belonging to the-estate of his testatrix upon a credit of six months, and one Virginia A. Johnson, who as a legatee under her will was entitled…
1Opinion of the CourtRuffin, J.
The effect of the judgment, which Grant as administrator de bonis non recovered against the plaintiff as the representative of the deceased executor, Rogers, could not be to convert the whole of the Phillips estate, including the bond sued on, then in the hands of the plaintiff, into assets belonging to the estate of his intestate, even though it may have been for an amount equal to the full value of all the property sold and all assets that ever came to hand. Nothing short of a satisfaction of that judgment, full and complete, can have that effect, for until then, the estate of Rogers has…
2Cases cited2 opinions
- Alexander v. . WristonSupreme Court of North Carolina · 1879
- Setzer and Rhodes, Adm'r v. . Lewis, Adm'r .Supreme Court of North Carolina · 1873
3Cited by10 opinions
- Spivey v. GodfreySupreme Court of North Carolina · 1963
- Choate Rental Co. v. JusticeSupreme Court of North Carolina · 1936
- Home Real Estate, Loan & Insurance v. LockerSupreme Court of North Carolina · 1938
- Ballinger v. . CuretonSupreme Court of North Carolina · 1889
- Grant v. . GoochSupreme Court of North Carolina · 1890
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