State Ex Rel. Roper v. Burton
Supreme Court of North Carolina
This was an action pending in the Superior Court of Rockingham County, tried before Gilmer, J., by consent of parties, at Chambers, on the 31st of December, 1889, upon exceptions filed by both sides to the report of James T. Morehead, Referee, etc. The plaintiffs only appealed from the ruling of his Honor.
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This was an action pending in the Superior Court of Rockingham County, tried before Gilmer, J., by consent of parties, at Chambers, on the 31st of December, 1889, upon exceptions filed by both sides to the report of James T. Morehead, Referee, etc. The plaintiffs only appealed from the ruling of his Honor. Charles Roper, of the County of Rockingham, died intestate in said county on the_day of-, 1857, without issue, but leaving a widow, Rebecca Roper, and Chalmers .L-Glenn was duly appointed administrator of his estate at February Term, 1857, of the County Court of said county, and qualified…
1Opinion of the CourtDavis, J.
after stating the facts: The principal question involved in the controversy before us is, Was Jones W. Burton, administrator d. b. n. of Charles Roper, and the sureties on.his administration bond, liable to the plaintiffs by reason of the failure or neglect of the said administrator d. b. n. to collect or account for the proceeds of the sales of the slaves made by Chalmers L. Glenn under the decree of the Court of Equity of Rockingham County made at the Fall Term, 1859, of said Court? And this will depend upon the further question, Was Chalmers L. Glenn (and the sureties on his administration…
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