Hinton v. . Whitehurst
Supreme Court of North Carolina
Civil action, tried at Spring Term, 1872, of Pasquotank •Superior Court, before Albertson, J., upon the following case AGREED. At Spring Term, 1870, of Pasquotank Superior Court, the plaintiff obtained two judgments one on a bond given by ■Grandy Harris, as principal, and Davis Whitehurst as surety, and the other on a bond given by the same parties to Jemima Thornton, against Benjamin F. Whitehurst, Adm’r ©f the said Davis Whitehurst, one of the defendants in this suit.
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Civil action, tried at Spring Term, 1872, of Pasquotank •Superior Court, before Albertson, J., upon the following case AGREED. At Spring Term, 1870, of Pasquotank Superior Court, the plaintiff obtained two judgments one on a bond given by ■Grandy Harris, as principal, and Davis Whitehurst as surety, and the other on a bond given by the same parties to Jemima Thornton, against Benjamin F. Whitehurst, Adm’r ©f the said Davis Whitehurst, one of the defendants in this suit. On the trial then had the Court found, “ the defend.ant had fully administered and had no assets; that he had .settled the…
1Opinion of the CourtPearson, C. J.
By the common law, the heir is bound for no undertaking er debt of his ancestor, except covenants real, warranties, and debts charged on the land by deed ; hence, the old form, “ For the payment of which I hereby bind myself and my heirs.”
The personal estate is the primary fund for the payment ■of debts. An heir who paid a specialty debt, i. e. a bond in which he is expressly charged, had relief in equity, by which to be subrogated to the rights of a creditor, who had forced him to pay a debt, and have compensation out of the personal estate. This doctrine is treated of in the books under the…
Also in this document: Per curiam.
2Cited by10 opinions
- Badger v. . DanielSupreme Court of North Carolina · 1878
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1874
- Glover v. . FlowersSupreme Court of North Carolina · 1888
- Hinton v. . Whitehurst, Adm'r. .Supreme Court of North Carolina · 1875
- State Ex Rel. Worthy v. BrowerSupreme Court of North Carolina · 1885
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