Davis, Adm'r v. . Fox, Adm'r
Supreme Court of North Carolina
Civil action, tried before Logan, J., at the Spring Term, 1873, of the Superior Court of Mecklenburg county. Plaintiff’s intestate, J. H. Davis, was guardian of one N. J. Lee, and during the minority of his said ward certain lands were sold by order of the Court of Equity of Mecklenburg county, and the proceeds of sale was paid into the office of the clerk and master of that Court.
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Civil action, tried before Logan, J., at the Spring Term, 1873, of the Superior Court of Mecklenburg county. Plaintiff’s intestate, J. H. Davis, was guardian of one N. J. Lee, and during the minority of his said ward certain lands were sold by order of the Court of Equity of Mecklenburg county, and the proceeds of sale was paid into the office of the clerk and master of that Court. A. C. Williamson, the intestate of the defendant, Fox, was the clerk and master at the time, and never paid over the money belonging to the ward, either to the guardian or to any one else, for said ward. 'The other…
1Opinion of the CourtPearson, C. J.
We are of opinion that the first exception of the defendant to the ruling below, is well taken, to-wit The plaintiff as administrator of the deceased guardian, cannot maintain an action on the bond of the clerk and master for a fund alleged to be due to the ward. The.action should be brought by the ward jf she be now of age, or in her name by a second guardian, if she is still a minor-The administrator of the deceased guardian has no interest or concern with the fund, for which the clerk and master in equity and his sureties may be liable. The matter which •concerns him, is to have a…
2Cited by1 opinion
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