Austin v. Austin.
Supreme Court of North Carolina
ActioN by B. D. Austin, administrator of W. H. Austin, against J. K. P. Austin and others, heard by Judge T. A. McNeill and a jury, at March Term, 1902, of the Superior Court of UnioN County. From a judgment for the plaintiff, the defendants appealed.
1Opinion of the CourtConnor, J.
This was a special proceeding instituted by the plaintiff administrator against the defendants, distribu-tees of his intestate, for the purpose of having his final ac count audited and approved and a final settlement of the estate of bis intestate. Upon a return of the summons, a portion of the defendants filed their answers in which they allege that certain items of credit in the account, for which the plaintiff claimed credit, represented cash retained by him upon notes alleged to be due to himself against bis intestate for the security of which be claimed to bold mortgages upon the real…
2Cases cited12 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Jones v. . BeamanSupreme Court of North Carolina · 1895
- Roseman v. Roseman.Supreme Court of North Carolina · 1900
- Helms v. . AustinSupreme Court of North Carolina · 1895
- Williams v. . ClouseSupreme Court of North Carolina · 1884
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3Cited by4 opinions
- Poindexter v. FIRST NATIONAL BANK OF WINSTON SALEMSupreme Court of North Carolina · 1958
- Atlantic Trust & Banking Co. v. StoneSupreme Court of North Carolina · 1918
- In Re GorhamSupreme Court of North Carolina · 1919
- Atlantic Trust & Banking Co. v. StoneSupreme Court of North Carolina · 1918