Tayloe v. . Tayloe
Supreme Court of North Carolina
Civil ACTION, tried before Whitaker, It appears that shortly before the 25th of August, 1877, W. S. Tayloe died intestate in the county of Hertford, and on that day the defendant was appointed and qualified as administrator of his estate.
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Civil ACTION, tried before Whitaker, It appears that shortly before the 25th of August, 1877, W. S. Tayloe died intestate in the county of Hertford, and on that day the defendant was appointed and qualified as administrator of his estate. The plaintiff,'his brother, and the surviving widow of bis intestate, were the distributees of the estate, and this action was begun on the 2d day of April, 1888, to compel an account, settlement and distribution of the estate in the hands of the defendant, as to the plaintiff. The pleadings raised numerous issues of fact. In the course of the action, it was…
1Opinion of the CourtMekrimoN, C. J.
after stating the facts: It appears by the record that.each of the parties waived his right to trial by a jury. It was thus consented by the parties that the Court might find the facts, and we are not at liberty to review the findings of fact by a tribunal thus selected by the parties. Moreover, it is stated in the case settled on appeal that the facts as stated by the Court, “during the argument before his Honor, were admitted by both the plaintiff and defendant to be true, and the Court so finds.” This statement is part of the record, and wé must accept and act upon the record as it comes…
2Cases cited8 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Grant v. . ReeseSupreme Court of North Carolina · 1886
- Howell v. . TylerSupreme Court of North Carolina · 1884
- Patterson v. . WadsworthSupreme Court of North Carolina · 1883
- Froneberger v. LewisSupreme Court of North Carolina · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Harper v. HarperMississippi Supreme Court · 1986
- Fulk v. BagleyDistrict Court, M.D. North Carolina · 1980
- Warren v. . SusmanSupreme Court of North Carolina · 1915
- Pearson v. . PearsonSupreme Court of North Carolina · 1946
- Gurganus v. McLawhornSupreme Court of North Carolina · 1937
6 more not listed; retrieve them via the Exa API.