Legal Opinion

Rich v. . Morisey

Supreme Court of North Carolina

Decided November 5, 1908Published

Defendants’ Appeal. Civil ActioN tried before W. B. Allen, J.¡ and a jury, December Special Term, 1907, of SampsoN. The facts disclosed by the pleadings and verdict of the jury are: O. B. Morisey, the ancestor of feme plaintiff,' being the owner of the tract of land in controversy, containing 140 acres, on 3 December, 1814, executed a mortgage thereon to D. G. Morisey to secure the payment of a note for $627. During the year 1883 said O. B. Morisey died intestate," leaving…

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Defendants’ Appeal. Civil ActioN tried before W. B. Allen, J.¡ and a jury, December Special Term, 1907, of SampsoN. The facts disclosed by the pleadings and verdict of the jury are: O. B. Morisey, the ancestor of feme plaintiff,' being the owner of the tract of land in controversy, containing 140 acres, on 3 December, 1814, executed a mortgage thereon to D. G. Morisey to secure the payment of a note for $627. During the year 1883 said O. B. Morisey died intestate," leaving the femé plaintiff, an infant, his only heir at law. D. G. Morisey duly qualified as his administrator and sold the…

1Opinion

The plaintiff introduced the final account of D. G. Morisey, administrator of O. B. Morisey, deceased, filed 19 March, 1901, by which it appears that he charged himself with proceeds of sale of personalty $150, and proceeds of sale of land $1,500. He credits himself with the mortgage debt and "amount retained on account." $614.97, clerk's fees and amount paid attorneys $20, leaving a balance of $12.11 which he retains as commissions. No evidence was introduced tending to impeach the account. His Honor, having adjudged that the feme plaintiff was entitled to redeem, may have ordered a…

2Cases cited7 opinions

  1. Card v. Finch.Supreme Court of North Carolina · 1906
  2. Perry v. . AdamsSupreme Court of North Carolina · 1887
  3. Costen v. . McDowellSupreme Court of North Carolina · 1890
  4. Allen v. . RoysterSupreme Court of North Carolina · 1890
  5. Scott v. . DunnSupreme Court of North Carolina · 1836

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