Legal Opinion

Latham v. . Wilcox

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 1 opinion

Guardian and Ward — Interest—Evidence. Civil ACTION, tried before Boykin, J., at Fall Term, 1887, of the Superior Court of Asi-ie County.

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Guardian and Ward — Interest—Evidence. Civil ACTION, tried before Boykin, J., at Fall Term, 1887, of the Superior Court of Asi-ie County. The complaint alleges in substance : 1. That in 1882 William Latham died intestate and the defendants were duly appointed his administrators. 2. That in 1864 Caroline Latham, mother of the plaintiff, died intestate, leaving the plaintiff her only -heir at law. 3. That in 1876 William Latham, the intestate of the defendants, qualified as guardian of plaintiff. 4. That in 1874 said guardian took into his possession one horse of the value of $130. 5. That in…

1Opinion of the Court

Davis, J.,

(after stating the case). The case is before us on appeal from the rulings of his Honor on the first, second, fourth and fifth exceptions, and can be considered upon those exceptions alone.

1. The first exception cannot be maintained. There was some evidence that William Latham had been appointed guardian to the plaintiff. Though there were no sureties to the bond given, there was evidence that he acted as guardian; he took notes as guardian, and he, if living, would not be heard to say that, because he had not complied with all the requirements of the law, he was therefore not ac…

2Cases cited3 opinions

  1. State Ex Rel . Barnes v. . LewisSupreme Court of North Carolina · 1875
  2. Lemly v. . AtwoodSupreme Court of North Carolina · 1871
  3. Jenkins Co. v. . Smith and SmithSupreme Court of North Carolina · 1875

3Cited by1 opinion

  1. Murphy v. Superior Court of Santa Clara CountyCalifornia Supreme Court · 1890

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