Wall v. . Fairley
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1877, of Richmond Superior Court, before McKoy, J. The. plaintiffs are Jolm C. Gay and the executors of Mial Wall, deceased. The defendants are the heirs at law of John Fairley, deceased. His administrator was not made a party defendant.
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Civil ActioN tried at Spring Term, 1877, of Richmond Superior Court, before McKoy, J. The. plaintiffs are Jolm C. Gay and the executors of Mial Wall, deceased. The defendants are the heirs at law of John Fairley, deceased. His administrator was not made a party defendant. The plaintiffs ask that the defendants be declared trustees, and that certain lands be sold under the direction of the Court and the proceeds be applied to the satisfaction of the debts of John Fairley, deceased. The facts stated by Mr. Justice RodmaN axe deemed sufficient.- See also same case, 73 N C. 464. Upon issues…
1Opinion of the CourtRodmaN, J.
1. The defendants object to any recovery by the plaintiffs, because the debts which they allege against John Fairley are denied and his administrator is not a party.
When this case was last before us on a demurrer to the amended complaint, (73 N. C. 464,) the fact that the administrator was not’ a" party, was assigned as one cause of demurrer. We thought then, that inasmuch as the debts to plaintiffs were admitted by the demurrers there was no-necessity that the administrator should be a party, as the only object of making him a party was to establish the debts. The opinion of the Court was…
2Cases cited2 opinions
- A. A. McKEITHAN & SONS vs. JOHN WALKER & W. J. BROWNSupreme Court of North Carolina · 1872
- Wall, Gay v. . Fairley, McEachin .Supreme Court of North Carolina · 1875
3Cited by10 opinions
- Sexton v. . FarringtonSupreme Court of North Carolina · 1923
- City of Wilmington v. CronlySupreme Court of North Carolina · 1898
- Guthrie v. . BaconSupreme Court of North Carolina · 1890
- Clifton v. OwensSupreme Court of North Carolina · 1916
- Dixon v. . DixonSupreme Court of North Carolina · 1879
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