May v. . Smith
Supreme Court of North Carolina
Tms bill in this case was filed to the Fall Term, 1847, of the Court of Equity of Anson county. It. alleged that one Reading Anderson of whom the complainant was administrator, had been doing business for tlie complainant for several years previously to his death in 1846. Among other transactions it stated the following : — That the complainant was seised of a tract of land in An-son county which he wished to sell, and authorized the said Reading to sell it, who did sell it…
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Tms bill in this case was filed to the Fall Term, 1847, of the Court of Equity of Anson county. It. alleged that one Reading Anderson of whom the complainant was administrator, had been doing business for tlie complainant for several years previously to his death in 1846. Among other transactions it stated the following : — That the complainant was seised of a tract of land in An-son county which he wished to sell, and authorized the said Reading to sell it, who did sell it to a Mr. McKovkle, and took in payment a bond on Joseph Blair with an endorsement of Mc-Korkle, and that the said…
1Opinion of the CourtNash, C. J.
The bill cannot be sustained in its present form. It is filed by Peter May, as the administrator with the will annexed, of Reading Anderson,-and part, of the prayer is, “ that the “ defendants may account with the plaintiff for the assets of the “ deceased in their hands,” and another prayer is that the defendants may account “ for the effects belonging to your orator “ deposited in their hands by the deceased.” Here are two distinct and independent causes of action united. One, to call in and collect the assets of the deceased, and the other, to follow the effects of the plaintiff, effects…
2Cited by1 opinion
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