Gay v. . Grant
Supreme Court of North Carolina
Defendant's Appeal. Civil action, tried before Shepherd, J., at .June Term, 1888, of Northampton Superior Court, upon exceptions to a referee’s report. Both parties appealed from the judgment rendered.
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Defendant's Appeal. Civil action, tried before Shepherd, J., at .June Term, 1888, of Northampton Superior Court, upon exceptions to a referee’s report. Both parties appealed from the judgment rendered. Green Stancell died in January, 1862, leaving a last will and testament, in which no executor was named, and at March Term, 1862, of the Court of Pleas and Quarter Sessions of Northampton County, S. T. Siancell and L. I). Gay were appointed administrators, witli the will annexed, and executed bond in the sum of $125,000, with Edmund Jacobs and J. M. S. Rogers as sureties. Both these sureties…
1Opinion
The exceptions of the appellants in this appeal are founded, for the most part, on the supposition and expectation that this Court will overrule the case of Stancell v. Gay, 92 N.C. 455, disregard the judgment in that case and treat it as a mere nullity. We are not in the least inclined to do so. No good reason is assigned why we should. On the contrary, further scrutiny and reflection serve to strengthen our conviction of the correctness of the decision in that case, and it must remain undisturbed. Acts 1868-69, ch. 113, sec. 96; Bat. Rev., ch. 45, sec. 147; The Code, sec. 1525; Staley v.…
2Cases cited15 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Speed v. PerrySupreme Court of North Carolina · 1914
- Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
- Peoples v. . NorwoodSupreme Court of North Carolina · 1886
- Council v. . AverettSupreme Court of North Carolina · 1886
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