Brown v. . McKee
Supreme Court of North Carolina
This was a civil action, tried at Spring Term, 1890, of the Superior Court of Mecklenburg County, before Philips, J. The facts shown and admitted by the pleadings were as follows: On the 30th day of April, 1858, T. B. McKee administered on the estate of William Walker, deceased, giving as sureties on his administration bond R. R. Rea, J. B. Walker and J. L. Walker. In the year 1862, J. B. Walker and the defendant W. H. Walker administered on his estate.
Read the full summary
This was a civil action, tried at Spring Term, 1890, of the Superior Court of Mecklenburg County, before Philips, J. The facts shown and admitted by the pleadings were as follows: On the 30th day of April, 1858, T. B. McKee administered on the estate of William Walker, deceased, giving as sureties on his administration bond R. R. Rea, J. B. Walker and J. L. Walker. In the year 1862, J. B. Walker and the defendant W. H. Walker administered on his estate. On the 14th day of August, 1882, the plaintiff Ann E. Brown and others, the distributees of William Walker, brought an action against T. B.…
1Opinion of the Court
Shepherd, J.:
The first exception is addressed to the refusal of the Court to make T. B. McKee, administrator of William Walker, and the other sureties to his administration bond, parties to this action. This exception cannot be sustained. Flack v. Dawson, 69 N. C., 42; Syme v. Bunting, 86 N. C., 175; The Code, § 186.
The second exception is also without merit. The defendant W. H. Walker was sued as the administrator of J. B. Walker, who was a surety on the administration bond of T. B. McKee. He was duly served with process, but failed to appear, and as the matters of defence which he now…
2Cases cited8 opinions
- Latham v. . BellSupreme Court of North Carolina · 1873
- Carmichael v. . MooreSupreme Court of North Carolina · 1883
- Smock v. HendersonIndiana Superior Court · 1872
- Flack. Adm'r v. . Dawson .Supreme Court of North Carolina · 1873
- Lilly v. . WooleySupreme Court of North Carolina · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re the Will of CrawfordSupreme Court of North Carolina · 1957
- Rudd v. American Fidelity & Casualty Co.Supreme Court of North Carolina · 1932
- State v. . PearsonSupreme Court of North Carolina · 1896
- Conway v. CarterNew Mexico Supreme Court · 1902
- Mann v. Baker.Supreme Court of North Carolina · 1906