Fellow v. . Fulgham
Supreme Court of North Carolina
1 V From Wayne. J The Plaintiff filed bis petition in the County Court of Wayne, under the act of 1809, ch. 15, to recover damages for the overflowing of Ms lands. TheDefendant appealed from the judgment of the County Court, and pending the suit in the Superior Court, he died.' — The Plaintiff sued out a sáre facias against his heirs, to make them parties j and a question arose whether the heirs or the representatives of the deceased should be made parties.
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1 V From Wayne. J The Plaintiff filed bis petition in the County Court of Wayne, under the act of 1809, ch. 15, to recover damages for the overflowing of Ms lands. TheDefendant appealed from the judgment of the County Court, and pending the suit in the Superior Court, he died.' — The Plaintiff sued out a sáre facias against his heirs, to make them parties j and a question arose whether the heirs or the representatives of the deceased should be made parties. The Court dismissed the scire fadas, and the Plaintiff appealed.
1Opinion of the Court
Tavxor, Chief-Justice,
delivered the opinion of the Court:
This is a proceeding by petition under the act of 1809, ch. 15, to recover damages against the owner of a mill for an injury done to the Plaintiff’s land. Upon the death of the Defendant, a sdre fadas was issued to his heirs to make them parties, and the question presented for decision is, whether the suit can be revived against the heirs. Upon principle, it is clear that the suit cannot be carried on against the heirs. For, by the common law, the heir is in no case liable for the tort of his ancestor. The act of 1805, ch. 8, would…
2Cited by1 opinion
- V. . DeberrySuperior Court of North Carolina · 1795