Newsom v. . Newsom
Supreme Court of North Carolina
Cause removed from the Court of Equity of Wayne County, at the. Spring Term, 1847, by consent of parties. John was. children, Charity, Penelope, and Sarah, and died intestate and indebted to his wards, leaving them surviving, and also eight other infant children — all of whom were his heirs at law. At the time of his death, he was seised m fee of a tract of land in the pleadings described;. which descended to all his children.
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Cause removed from the Court of Equity of Wayne County, at the. Spring Term, 1847, by consent of parties. John was. children, Charity, Penelope, and Sarah, and died intestate and indebted to his wards, leaving them surviving, and also eight other infant children — all of whom were his heirs at law. At the time of his death, he was seised m fee of a tract of land in the pleadings described;. which descended to all his children. Administration of his personal estate was committed to Theophilus T. Sims; and against him a suit was brought by petition by the three children, Charity, Penelope and…
1Opinion of the CourtRuffin, C. J.
The cause has been brought to a hearing upon the pleadings and proofs and the master’s re port, as to the state of the personal assets. The assignment to the plaintiff of the judgment or decree obtained by the defendants, Charity, Penelope, and Sarah, against their father’s administrator, is admitted in the answers ; and it is established by the evidence, that the plaintiff gave the guardian the full value of it by transferring to him a debt of another person, from whom, the guardian took a satisfactory security. The plaintiff, therefore, is clearly entitled to the decree he asks in respect…
Also in this document: Per curiam.
2Cited by2 opinions
- Daniel v. GardnerSupreme Court of North Carolina · 1954
- Ellis v. . EllisSupreme Court of North Carolina · 1930