Waggoner v. . Miller
Supreme Court of North Carolina
Appeal from an interlocutory order of the Superior Court of Law of Rowan County, at Spring term 1844, his Honor Judge Battue presiding. The facts as exhibited by the pleadings and proofs are these, to-wit: The petition was filed, by the petitioner Isaac and his wife Betsy, claiming certain sums received, or which ought to have been received by the defendant, as the guardian of the said Betsy Waggoner.
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Appeal from an interlocutory order of the Superior Court of Law of Rowan County, at Spring term 1844, his Honor Judge Battue presiding. The facts as exhibited by the pleadings and proofs are these, to-wit: The petition was filed, by the petitioner Isaac and his wife Betsy, claiming certain sums received, or which ought to have been received by the defendant, as the guardian of the said Betsy Waggoner. The petition sets forth, that Betsy Brown, the mother of the petitioner Betsy Wag-goner, died in the year ] 818, leaving her an only child, and entitled to receive her personal property — that…
1Opinion of the CourtNash, J.
The first sum, it is admitted by the plaintiffs, has been fully accounted for. The plaintiffs do not aver that the second sum ever was received by the defendant; the allegation is, he either' received it or ought so to have done. The defendant positively denies he ever did receive it. To support their allegation, the plaintiffs introduced the testimony of Isaac Ribelin, the administrator of Michael Brown. He swears that he did pay over to the defendant the two several sums set forth in the petition. The testimony of this witness is so confused, and comes in so questionable a character, that…
2Cited by1 opinion
- In Re Estate of BullockSupreme Court of North Carolina · 1928