State ex rel. Wells v. Sluder
Supreme Court of North Carolina
Civil ACTION, (to recover amount due plaintiff, on a guardian bond,) hoard before Henry, J., at Fall Term, 1863, of the Superior Court of Buetcombe county, on the following statement of facts: The intestate of the defendants, Sluder and Weaver, was the guardian of the plaintiff, and loaned some of the funds of his ward to one L. F. Sensabaugh, taking a note and security. This note is dated --- day of-, before the war, and the makers were resident in the county of Haywood.
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Civil ACTION, (to recover amount due plaintiff, on a guardian bond,) hoard before Henry, J., at Fall Term, 1863, of the Superior Court of Buetcombe county, on the following statement of facts: The intestate of the defendants, Sluder and Weaver, was the guardian of the plaintiff, and loaned some of the funds of his ward to one L. F. Sensabaugh, taking a note and security. This note is dated --- day of-, before the war, and the makers were resident in the county of Haywood. The defendants found the note amongst the papers of their intestate, in January, 1863, and obtained a judgment thereon in…
1Opinion of the CourtPeabsoN, C. J.
In regard to the Sensabaugh debt, we do not concur in the legal inference of his Honor that the facts set out in the “ ease agreed ” establish a want of due diligence on the part of the administrator.
As..is said in Keener v. Finger, at this term, a The defendants, in the exercise of due diligence, were not required to foresee the fact, that under the construction given to the homestead act, it would be held to apply to pre-existing debts, as in Hill v. Kesler, 63 N. C. Rep. 437, and that such significance would be given to the, fact ,©f a levy on land, as in McKeethan v. Terry, 64 N. C. Rep.…
2Cases cited4 opinions
- Hill v. . KesslerSupreme Court of North Carolina · 1869
- McKeithan v. . TerrySupreme Court of North Carolina · 1870
- Shipp, Ex'r v. . HettrickSupreme Court of North Carolina · 1869
- Harshaw v. . DobsonSupreme Court of North Carolina · 1872