Croom v. . Sugg
Supreme Court of North Carolina
Civil action, tried before Boykin, X, at February Term, 1892, of the Superior Court of Greene County. The action was brought to recover on what purported to be a bond executed by Fannie Sugg, defendant’s testatrix, to the plaintiff.
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Civil action, tried before Boykin, X, at February Term, 1892, of the Superior Court of Greene County. The action was brought to recover on what purported to be a bond executed by Fannie Sugg, defendant’s testatrix, to the plaintiff. After a number of other witnesses had testified for defendants that the signature to the bond sued on was not genuine, G. W. Sugg, having qualified as an expert, was asked to compare testatrix’s signature to her will and codicil under which defendants were acting as executors, and which was a record of the Court, with that to the bond w'hich purported to have been…
1Opinion of the Court
Avery, J.:
The burden would have been upon the plaintiff to prove, if the fact had been denied, the allegations of his complaint that Fannie Sugg had made a will; that it had been duly proven, and that defendants had qualified as executors appointed by its terms. He could have shown that the defendants were her personal representatives, as alleged in this action, pending as it was in the Superior Court of Greene County, by the introduction of the original will on file as a record of the Court, or by a properly certified copy of it. The Code, §§2173 to 2176; State v. Voight, 90 N. C., 741;…
2Cases cited5 opinions
- State v. . VoightSupreme Court of North Carolina · 1884
- Tunstall v. . CobbSupreme Court of North Carolina · 1891
- State Ex Rel. Davenport v. McKeeSupreme Court of North Carolina · 1887
- Darden v. Neuse & Trent River Steamboat Co.Supreme Court of North Carolina · 1890
- Braswell v. . GaySupreme Court of North Carolina · 1876
3Cited by4 opinions
- Barnes v. BarnesCourt of Appeals of Texas · 1924
- Hare v. . HareSupreme Court of North Carolina · 1922
- State v. . NoeSupreme Court of North Carolina · 1896
- May v. . GentrySupreme Court of North Carolina · 1838