Woody v. . Brooks
Supreme Court of North Carolina
Civil action, tried before Shipp, J., at September Term, 1888, of PeksoN Superior Court. The facts are stated in the opinion. Defendant appealed
1Opinion of the Court
(DAVIS, J. dissented.)(335) The facts are stated in the opinion.
Defendant appealed. The plaintiff alleges that he is one of the next of kin and heirs at law of Moses A. Woody; that the defendant, as administrator of said Woody, on 17 May, 1879, "made a final settlement, ex parte, before the clerk of said court, . . . showing a large amount of money received by him and a large amount due him" (defendant) on a final settlement.
The fifth allegation is "that said final settlement is false, and a fraud upon the rights of the plaintiff and all the heirs and distributees of said Woody."
The sixth…
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