Clark v. Williams
Supreme Court of North Carolina
Civil actiost, tried at the Special (December) Term, 1873, of the Superior Court of Halifax county, before his Honor, Judge Moore. The counsel for the parties agree to the following, as the material facts in the ease: In the summer of 1859, Samuel J. Clark, died intestate and without issue, domiciled in the county of Halifax county, North Carolina, possessed of a large estate, consisting of slaves and other personal property.
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Civil actiost, tried at the Special (December) Term, 1873, of the Superior Court of Halifax county, before his Honor, Judge Moore. The counsel for the parties agree to the following, as the material facts in the ease: In the summer of 1859, Samuel J. Clark, died intestate and without issue, domiciled in the county of Halifax county, North Carolina, possessed of a large estate, consisting of slaves and other personal property. Many of the slaves were settled in Louisiana and a large number in North Carolina. The intestate left a widow, who is the defendant, Tempe D., since intermarried with…
1Opinion of the CourtRsade, J.
The plaintiff, who was one of two sureties to tbe administration bond, and paid one-half of a debt recovered against tbe insolvent administrator, is not subrogated to the rights of the creditor, whose debt he paid, but to the rights of the administrator, for whom he paid it. It follows, that if the administrator has no rights, the plaintiff, his surety, has none. It becomes important, therefore, to determine the rights of the administrator.
The administrator delivered over the property of the estate to the distributees, leaving a debt against the estate unpaid, and which was subsequently…
2Cited by6 opinions
- Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
- Liles v. . RogersSupreme Court of North Carolina · 1893
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- Denton v. . TysonSupreme Court of North Carolina · 1896
- Sloan v. . McDowellSupreme Court of North Carolina · 1874
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