Legal Opinion

State Ex Rel. Whitford v. Foy

Supreme Court of North Carolina

Decided January 5, 1871PublishedCited by 19 opinions

This was an action upon a guardian bond, in the progress of which an account was taken to which both parties filed exceptions, which coming on to be heard before his Honor, Judge Clarke, at the Fall Term, 1870, of Craven Superior Court, those of the plaintiffs were overruled and those of the defendants sustained, and the plaintiffs appealed. The exceptions are sufficiently stated in the opinion of the Court.

1Opinion of the CourtRodman, J.

This is an action on the bond given by the defendant, as guardian, of the feme plaintiff. An account was taken to which both parties excepted, and it comes before us by appeal from the rulings of his Honor, the Judge below, upon those exceptions.

Exceptions of defendant.

1. That defendant is improperly charged with the note of one Andrews for $700 and interest. It appears from the testimony of the defendant that this note was taken by him several years before the war, and that instead of being secured by individual sureties, it was secured by a mortgage on three slaves, worth at that time much…

2Cases cited3 opinions

  1. State Ex Rel. White v. RobinsonSupreme Court of North Carolina · 1870
  2. Hurdle v. . LeathSupreme Court of North Carolina · 1869
  3. Succession of JohnstonSupreme Court of Louisiana · 1846

3Cited by19 opinions

  1. Burke v. . TurnerSupreme Court of North Carolina · 1881
  2. Lightner v. . BooneSupreme Court of North Carolina · 1942
  3. Kelly v. Odum.Supreme Court of North Carolina · 1905
  4. Extinguisher Co. v. RailroadSupreme Court of North Carolina · 1904
  5. Overman v. . LanierSupreme Court of North Carolina · 1911

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