Alexander v. Wolfe's Executors
Supreme Court of North Carolina
Civie AotioN tried on exceptions to a referee’s report, at Fall Term, 1882, of MeckleNburg Superior Court, before Graves, J. In the year 1858, John Wolfe, the defendant’s testator, was appointed guardian of Dorcas W. Lee, an infant, and as such received, besides a considerable personal property from other sources, from the clerk and master in equity her share of the proceeds of sale of certain real estate, made under a decree of court for partition between herself and other…
Read the full summary
Civie AotioN tried on exceptions to a referee’s report, at Fall Term, 1882, of MeckleNburg Superior Court, before Graves, J. In the year 1858, John Wolfe, the defendant’s testator, was appointed guardian of Dorcas W. Lee, an infant, and as such received, besides a considerable personal property from other sources, from the clerk and master in equity her share of the proceeds of sale of certain real estate, made under a decree of court for partition between herself and other tenants-in-common. The sums so received were $620 on January 10, 1861; and $325 in confederate currency of the scaled…
1Opinion of the Court
Smith, C. J.,
after stating the case. The inquiry is suggested in limine, and before entering upon an examination of the sufficiency of the objection, why this defect of parties was not assigned with the other causes of demurrer, instead of being reserved until after the account has been taken and reported. Nor do we see its pertinency in the form of an exception to the report. But waiving its manifest irregularity in the method adopted for presenting the objection, we are of opinion that it has no force, and ought not to have been entertained.
It is settled by the decision in Allison v.…
2Cases cited1 opinion
- State Ex Rel. Allison v. RobinsonSupreme Court of North Carolina · 1878
3Cited by1 opinion
- Neagle v. . HallSupreme Court of North Carolina · 1894