Walker v. . Brooks
Supreme Court of North Carolina
Contract — Mamed Women — Advancement—Fraud. This is a special PROCEEDING, heard by Shepherd, J., at Fall Term, 1887, of Person Superior Court, upon exceptions and appeal from the Clerk This action, begun before the Clerk of the Superior Court of Person, against the distributees of the intestate and the husbands of such as have married, is prosecuted for the purpose of settling the estate in the hands of the plaintiff as his administrator.
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Contract — Mamed Women — Advancement—Fraud. This is a special PROCEEDING, heard by Shepherd, J., at Fall Term, 1887, of Person Superior Court, upon exceptions and appeal from the Clerk This action, begun before the Clerk of the Superior Court of Person, against the distributees of the intestate and the husbands of such as have married, is prosecuted for the purpose of settling the estate in the hands of the plaintiff as his administrator. It does not appear that service of summons was made upon any, though the defendants W. W. Hill and wife Ida T., come in after an order of publication as to…
1Opinion of the CourtSmith, C. J.
(after stating the case). The intestate left no charges on his books for advancements to the said Ida as he did against others of his children, and she voluntarily renders an account for articles of the value of $45 furnished her, and submits to be charged therefor, and it is quite manifest that in the contemporary delivery to her of the railroad security and her execution of her bond to him for $670, the intent was to give to her as an advancement, or to pay her for kind services to him, and not to be accounted for — the sum of $400, the difference in their amounts — and this only as a…
2Cases cited4 opinions
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Towles v. . FisherSupreme Court of North Carolina · 1877
- Hodge v. . PowellSupreme Court of North Carolina · 1887
- Boyd v. . TurpinSupreme Court of North Carolina · 1886
3Cited by19 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Fort v. . AllenSupreme Court of North Carolina · 1892
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
- Millsaps v. . EstesSupreme Court of North Carolina · 1905
- Millsaps v. EstesSupreme Court of North Carolina · 1905
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