Andres v. . Powell

(Briggs v. Smith, 83 N.C. 306; Vaughan v. Hines, 87 N.C. 445; Syme v.Badger, 96 N.C. 197; cited and approved. Davis v. Perry, 96 N.C. 260; distinguished.)

(Badger v. Daniel, 79 N.C. 372; Cox v. Cox, 84 N.C. 138; McKeithan v.McGill, 83 N.C. 517; Godley v. Taylor, 3 Dev., 179; Lawrence v. Norfleet,90 N.C. 533; Worthy v. McIntosh, ibid., 536; Speer v. James, 94 N.C. 417; cited in the dissenting opinion.) 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…