Mast v. Sapp.
Supreme Court of North Carolina
ActioN by D. P. Mast, Guardian of Ered Burkhart, against H. O. Sapp, Administrator of Angeline Peoples, heard by Judge O. M. Cooke and a jury, at the May Term, 1905, of the Superior Oourt of Eoesyth. This action was brought to determine the right, as between the parties, to a fund of $865, now in the hands of the defendant by agreement, as stakeholder.
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ActioN by D. P. Mast, Guardian of Ered Burkhart, against H. O. Sapp, Administrator of Angeline Peoples, heard by Judge O. M. Cooke and a jury, at the May Term, 1905, of the Superior Oourt of Eoesyth. This action was brought to determine the right, as between the parties, to a fund of $865, now in the hands of the defendant by agreement, as stakeholder. The controversy arose on the following facts: Angeline Peoples was the owner of a house standing on her lot immediately north of and twelve feet from a reservoir belonging to and used as a place for the storage of water by the city of Winston.…
1Opinion of the Court
Walker, J.,
after stating the facts: The rule of the common law is that a personal right of action dies with the person, but great changes in this respect have been wrought by legislation and thé decisions of the courts, and the maxim has thereby lost much of its vitality. As to pure tofts, it still retains its ancient force and vigor, that is as to those torts committed to one’s person, feelings or reputation, but it does not now apply to torts committed to the property, personal or real. As to the first kind of property, it was repealed by the act, 4 Edward III, chapter 7, and as to the…
2Cases cited19 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
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