Spencer v. . Cahoon
Supreme Court of North Carolina
Detinue, for sundry slaves, originally brought by Willi a tu H. Gibbs, as the administrator of Jernniah,Gibbs¿ The defendant, at the return day of the original writ, entered his appearance, and pleaded non detinet, and the statute of limitations ; upon which issue was joined.
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Detinue, for sundry slaves, originally brought by Willi a tu H. Gibbs, as the administrator of Jernniah,Gibbs¿ The defendant, at the return day of the original writ, entered his appearance, and pleaded non detinet, and the statute of limitations ; upon which issue was joined. At a subsequent term, the death of William R. Gibbs was suggested, and the plaintiff came into court, and was made aparty under the act of 1824 (Taylor’s Rev. c. 1247") as administrator de bonis non of Jeremiah Gibbs. On the trial, before his Honor Judge Strange, at Hyde, on the last circuit, it was objected, by the…
1Opinion of the Court
Rueein, Judge.
The plaintiff was nonsuited, because “he was not the true administrator” of Jeremiah, Gibbs ; and it has been argued here, as if that was the only point in the case, end as if it depended on the validity of the previous administration granted to Stephen. Such would have been the case, had issue been taken on Are plaintiff’s character by plea in abatement, ordemus* rer, instead of the defendant pleading in bar. Where indeed an administrator sues on his own possession, he does not make profert of his letters, but shows them on the trial as his title. Their validity may then he…
2Cited by1 opinion
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