McAlpine v. . Daniel
Supreme Court of North Carolina
This is a civil actiox, which was tried before MacRae, J., at March Term, 1888, of Buncombe Superior Court. The material facts of the case, so far as deemed needful to be reproduced in order to a correct understanding of the rulings and exceptions brought up for review by the present appeal, will be found in the opinion of our late Associate, Mr .Justice Akiik, delivered when it was formerly before us— Brittain v. Daniel, 94 N. 0., 781. The original plaintiff, George W.…
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This is a civil actiox, which was tried before MacRae, J., at March Term, 1888, of Buncombe Superior Court. The material facts of the case, so far as deemed needful to be reproduced in order to a correct understanding of the rulings and exceptions brought up for review by the present appeal, will be found in the opinion of our late Associate, Mr .Justice Akiik, delivered when it was formerly before us— Brittain v. Daniel, 94 N. 0., 781. The original plaintiff, George W. Brittain, died thereafter, leaving a will, which has been admitted to probate and the executor and executrix therein…
1Opinion of the CourtSmith, C. J.
(after stating the case.) The provisions of the will are recited to show that the testator contemplated his executors’ taking possession of his land as essential to the execution of the trusts with which he clothed them, and the reason why the plaintiff should be a party to the action in order to recovering possession.
If the executor were not a proper party for such purpose, and there were no testamentary dispositions of thereat estate requiring him to be present in the action, he-should be, for the recovery of the damages sustained up to his testator’s death, since they, as part of the…
2Cases cited4 opinions
- Brittain v. . DanielsSupreme Court of North Carolina · 1886
- Fisher v. Cid Copper Mining Co.Supreme Court of North Carolina · 1886
- Fisher v. CID Copper Mining Co.Supreme Court of North Carolina · 1887
- Osborne v. . AndersonSupreme Court of North Carolina · 1883
3Cited by2 opinions
- State v. . WolfSupreme Court of North Carolina · 1893
- Smathers v. . MoodySupreme Court of North Carolina · 1893