Oliver v. . Wiley
Supreme Court of North Carolina
This was a Civil Action for an account and settlement, tried before Kerr, J., at the Spring Term, 1876, of the Superior Court of Caswell County, upon complaint and demurrer. . The facts of the case are found in the pleadings, which, are fully set out under the direction of Justice Rodman.
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This was a Civil Action for an account and settlement, tried before Kerr, J., at the Spring Term, 1876, of the Superior Court of Caswell County, upon complaint and demurrer. . The facts of the case are found in the pleadings, which, are fully set out under the direction of Justice Rodman. Plaintiffs filed the following complaint, alleging: “ (1.) That Alexánder Wiley, late of Caswell County, died in September, 1861, leaving a last will and testament, which was duly admitted to probate in said County, and by the terms of which the defendant, F. A. Wiley, was appointed his sole executor, and…
1Opinion of the CourtRodman, J.
The causes of demurrer assigned by the ■defendants will be considered separately.
“ 1. That there is a defect of parties defendant in the •omission of Spencer Hooper, and those who purchased his ■interest, the said Hooper being the sole legatee of A. H. .Hooper.”
Observations. We conceive that Spencer Hooper ought to •be a party, because he was the obligor in the bond to Alexander Wiley in trust, &c., for $600, and the payment of that •bond is one of the objects of this action. The cause assigned does not appear to be irue in fact, as Alexander Hooper .is stated to .ha've. died intestate. This…
2Cited by9 opinions
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- Devereux v. . DevereuxSupreme Court of North Carolina · 1879
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- Wolfe v. . GallowaySupreme Court of North Carolina · 1937
- Sparger v. . MooreSupreme Court of North Carolina · 1895
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