Andres v. Powell
Supreme Court of North Carolina
This was a civil ACTION, tried before Clark, Judge, at January Term, 1887, of the Superior Court of Columbus county. The material allegations of the complaint are substantially as follows: A. J. Shipman, the plaintiff’s intestate, died in the county of Bladen in 1869, and one J. W. Ellis was duly appointed .and qualified as his administrator, on the 17th day of May, 1869, with Thomas S. Memory, W. M. Baldwin and A. F. Powell, now deceased, as the sureties on his…
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This was a civil ACTION, tried before Clark, Judge, at January Term, 1887, of the Superior Court of Columbus county. The material allegations of the complaint are substantially as follows: A. J. Shipman, the plaintiff’s intestate, died in the county of Bladen in 1869, and one J. W. Ellis was duly appointed .and qualified as his administrator, on the 17th day of May, 1869, with Thomas S. Memory, W. M. Baldwin and A. F. Powell, now deceased, as the sureties on his administration bond. The said J. "W". Ellis died in 1883, without having fully administered the assets of the said A. J. Shipman,…
1DissentMerriaion, J.
The statute (The Code, §153, par. 2,) provides that actions brought by any creditor of a deceased person, against his personal or real representative, must be brought within seven years next after the qualification of the executor or administrator, and his making the advertisement required by law for creditors of the deceased to present their claims, where no personal service of such notice in writing is made upon the creditor ; and a creditor thus barred of a recovery against the representative of any principal debtor, shall also be barred of a recovery against the surety to such debt.
In my…
2Cases cited6 opinions
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Badger v. . DanielSupreme Court of North Carolina · 1878
- Cox v. . CoxSupreme Court of North Carolina · 1881
- Davis v. . PerrySupreme Court of North Carolina · 1887
- Lawrence v. . NorfleetSupreme Court of North Carolina · 1884
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