Arrington v. . Arrington
Supreme Court of North Carolina
Crviu ACTION, tried before Shipp, at October Term, J887, of the Superior Court of Vaxce County. W. H. Arrington, and Pattie D. B. Arrington, then his wife, and sole plaintiff in the present suit, brought their action as relators, in the name of the State, against her guardian, L. N. B. Battle, A. H. Arrington and Thomas J. A.1 Cooper, sureties to the guardian bond, and others, for the trust estates, which had been wasted, and at Fall Term, 1871, of the Superior Court of…
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Crviu ACTION, tried before Shipp, at October Term, J887, of the Superior Court of Vaxce County. W. H. Arrington, and Pattie D. B. Arrington, then his wife, and sole plaintiff in the present suit, brought their action as relators, in the name of the State, against her guardian, L. N. B. Battle, A. H. Arrington and Thomas J. A.1 Cooper, sureties to the guardian bond, and others, for the trust estates, which had been wasted, and at Fall Term, 1871, of the Superior Court of Franklin, recovered judgment for $8,878.30, with interest thereon from January 1, 1871, and costs. The judgment was docketed…
1Opinion of the CourtSmith, C. J.
(after stating the case). The referee disallowed the credit of $1,000, claimed upon the consignment of cotton to the Mcllwaines, or any abatement of the debt by reason of the deed of release to John P. Arrington of the judgment lien upon his land, but does admit a deduction therefrom to the amount of the excess received on the sale of the land of L. N. B. Battle, the principal debtor, over the moneys expended in obtaining the title thereto.
The rulings of the Court disallow any abatement of the debt for these causes, and charge the estates of both sureties, in s«lido, with the whole d'ebt, and…
2Cases cited4 opinions
- Cheever v. WilsonSupreme Court of the United States · 1870
- Starr v. PeaseSupreme Court of Connecticut · 1831
- Harrison v. HarrisonSupreme Court of Alabama · 1851
- State Ex Rel. Dudley v. BlandSupreme Court of North Carolina · 1880
3Cited by14 opinions
- Harris v. . HarrisSupreme Court of North Carolina · 1894
- Arrington v. Arrington.Supreme Court of North Carolina · 1900
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Moore v. MooreSupreme Court of North Carolina · 1902
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