State Ex Rel. Allison v. Robinson
Supreme Court of North Carolina
Civil Action, on an Administrator’s Bond, tried at July ¿Special Term, lBIY, of Cabarrus Superior Court, before ■Cloud, J. This is an action brought by the administrator d. b. n. of Margaret A. Blackwelder, deceased, to recover certain moneys belonging to her estate, which went into the hands of her guardian L. B. Krimmenger, who, dying, the defendant Robinson became his administrator with the will annexed; .against whom and the sureties upon his administration bond the…
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Civil Action, on an Administrator’s Bond, tried at July ¿Special Term, lBIY, of Cabarrus Superior Court, before ■Cloud, J. This is an action brought by the administrator d. b. n. of Margaret A. Blackwelder, deceased, to recover certain moneys belonging to her estate, which went into the hands of her guardian L. B. Krimmenger, who, dying, the defendant Robinson became his administrator with the will annexed; .against whom and the sureties upon his administration bond the present action is instituted. Margaret, the ward, was one of the heirs at law and dis-tributees of "Wilson Blackwelder, and…
1Opinion of the Court
So the question is, Can the administrator of the ward in this action recover the proceeds of the sale of the real estate which had been sold for partition (224) by the decree of the court, and paid to the guardian?
Before the adoption of the new Constitution, when the courts of law and the courts of equity were kept distinct and separate, the courts of law only looked at the legal relations of the parties to the action, as debtor and creditor, and not at the fund, as impressed, by its origin and history, with certain properties which in a court of equity imparted to it a different ownership…
2Cases cited7 opinions
- State Ex Rel. Latta v. RussSupreme Court of North Carolina · 1860
- Gillespie v. . FoySupreme Court of North Carolina · 1848
- Bateman v. . LathamSupreme Court of North Carolina · 1856
- Dudley v. . WinfieldSupreme Court of North Carolina · 1852
- March v. . BerrierSupreme Court of North Carolina · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Howerton v. . SextonSupreme Court of North Carolina · 1889
- McLean v. . LeitchSupreme Court of North Carolina · 1910
- Brown v. CowperSupreme Court of North Carolina · 1957
- Alexander v. . WolfeSupreme Court of North Carolina · 1880
- Alexander v. Wolfe's ExecutorsSupreme Court of North Carolina · 1883
1 more not listed; retrieve them via the Exa API.