Andres v. Powell
Supreme Court of North Carolina
This was a civil ACTION, tried before Clark, Judge, at January Term, 1887, of the Superior Court of Columbus county. The material allegations of the complaint are substantially as follows: A. J. Shipman, the plaintiff’s intestate, died in the county of Bladen in 1869, and one J. W. Ellis was duly appointed .and qualified as his administrator, on the 17th day of May, 1869, with Thomas S. Memory, W. M. Baldwin and A. F. Powell, now deceased, as the sureties on his…
Read the full summary
This was a civil ACTION, tried before Clark, Judge, at January Term, 1887, of the Superior Court of Columbus county. The material allegations of the complaint are substantially as follows: A. J. Shipman, the plaintiff’s intestate, died in the county of Bladen in 1869, and one J. W. Ellis was duly appointed .and qualified as his administrator, on the 17th day of May, 1869, with Thomas S. Memory, W. M. Baldwin and A. F. Powell, now deceased, as the sureties on his administration bond. The said J. "W". Ellis died in 1883, without having fully administered the assets of the said A. J. Shipman,…
1Opinion of the Court
Davis, J.,
(after stating the facts). Section 153, sub-sec. 2r of The Code, prescribes that an action must be commenced within seven years, “ by any creditor of a deceased person against his personal or real representative,” &c. Section 154, sub-sec. 2, prescribes that an action must be commenced against an executor, administrator, &c., within six years after the auditing of his final accounts. Section 155, sub-sec. 6, prescribes that an action must be brought against the sureties of any executor, &c., within three years after the breach complained of.
Section 1528 enacts, that “ all persons…
2Cases cited4 opinions
- Vaughan v. . HinesSupreme Court of North Carolina · 1882
- Syme v. . BadgerSupreme Court of North Carolina · 1887
- Davis v. . PerrySupreme Court of North Carolina · 1887
- State Ex Rel. Briggs v. SmithSupreme Court of North Carolina · 1880
3Cited by8 opinions
- Lee v. . McKoySupreme Court of North Carolina · 1896
- Smith v. BrownSupreme Court of North Carolina · 1888
- Woody v. . BrooksSupreme Court of North Carolina · 1889
- Moffitt v. . DavisSupreme Court of North Carolina · 1934
- Miller v. . ShoafSupreme Court of North Carolina · 1892
3 more not listed; retrieve them via the Exa API.