McNeill v. . Currie
Supreme Court of North Carolina
Civil aotioN, heard before Brown, This action was begun June 25, 1891. The plaintiff, Caroline E. McNeill, became of full age February 8, 1871, and intermarried with Thos.
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Civil aotioN, heard before Brown, This action was begun June 25, 1891. The plaintiff, Caroline E. McNeill, became of full age February 8, 1871, and intermarried with Thos. A. McNeill October 24, 1877. During her minority J. P. Hodges duly qualified as her guardian as alleged in the complaint; A. S. McKay, the intestate of J. D. Currie, administrator, executed and signed the guardian bond dated June 5, 1865, in sum of $50,000 (a copy of which is attached to complaint in this action), as a surety thereon. A. S. McKay died intestate in 1865 or 1866, seized and possessed of the land described in…
1Opinion of the Court
Clark, J.:
When this case was here before (McNeill v. McBride, 112 N. C,, 408), the Court said : “ The objection that the plaintiff Caroline McNeill cannot subject the land of the intestate until a judgment has been obtained upon the guardian bond executed by him, would seem to be sustained by the case of Williams v. McNair, 98 N. C., 332.” The defendant, however, was then held barred from a judgment dismissing the action because the demurrer admitted the liability, but now an answer-having been filed, it has been found as a fact that no judgment lias been obtained against tlie surety…
2Cases cited6 opinions
- Woody v. . Jordan .Supreme Court of North Carolina · 1873
- State Ex Rel. Cloman v. StatonSupreme Court of North Carolina · 1878
- State Ex Rel. Brown v. PikeSupreme Court of North Carolina · 1876
- Williams v. . McNairSupreme Court of North Carolina · 1887
- Moore v. . AlexanderSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Clark v. . HomesSupreme Court of North Carolina · 1925
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Emry v. . ChappellSupreme Court of North Carolina · 1908
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