State Ex Rel. Marler-Dalton-Gilmer Co. v. Golden
Supreme Court of North Carolina
Civil actiok tried before Harding, at August Term, 1916, of ChEROKEE. The action was brought by certain judgment creditors of S. D. Anderson against the defendants, upon the official bond of the feme defendant as administratrix with the will annexed of S. I). Anderson, her first husband.
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Civil actiok tried before Harding, at August Term, 1916, of ChEROKEE. The action was brought by certain judgment creditors of S. D. Anderson against the defendants, upon the official bond of the feme defendant as administratrix with the will annexed of S. I). Anderson, her first husband. The defendants pleaded that there had been an adjudication of the matter in controversy in a former proceeding before the clerk of the Superior Court which was carried by appeal to the judge, who entered a judgment therein. It appears that the administratrix filed her final account, and some of the plaintiffs…
1Opinion of the Court
WalheR, J.,
after stating tbe ease: Tbe principal questions in tbis appeal are settled by Bean v. Bean, 135 N. C., 92, where it is held that a proceeding similar to the one taken in this case is not an estoppel, but simply one for the purpose of having the final account filed with the clerk and audited. It also decides that the taxes paid on.the land are not proper credits to the administrator. As to the estoppel, see Royster v. Wright, 118 N. C., 152; Allen v. Royster, 107 N. C., 278; Collins v. Smith, 109 N. C., 468. It is said in Bern v. Bean, supra: “The account, as filed and stated in…
2Cases cited12 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Royster v. . WrightSupreme Court of North Carolina · 1896
- Sturtevant v. Selma Cotton MillsSupreme Court of North Carolina · 1916
- Brown v. HardingSupreme Court of North Carolina · 1915
- Alley v. . RogersSupreme Court of North Carolina · 1915
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3Cited by3 opinions
- In Re HegeSupreme Court of North Carolina · 1934
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
- State v. . JacksonSupreme Court of North Carolina · 1922