Mast v. Sapp.
Supreme Court of North Carolina
ActioN by D. P. Mast, Guardian of Ered Burkhart, against H. O. Sapp, Administrator of Angeline Peoples, heard by Judge O. M. Cooke and a jury, at the May Term, 1905, of the Superior Oourt of Eoesyth. This action was brought to determine the right, as between the parties, to a fund of $865, now in the hands of the defendant by agreement, as stakeholder.
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ActioN by D. P. Mast, Guardian of Ered Burkhart, against H. O. Sapp, Administrator of Angeline Peoples, heard by Judge O. M. Cooke and a jury, at the May Term, 1905, of the Superior Oourt of Eoesyth. This action was brought to determine the right, as between the parties, to a fund of $865, now in the hands of the defendant by agreement, as stakeholder. The controversy arose on the following facts: Angeline Peoples was the owner of a house standing on her lot immediately north of and twelve feet from a reservoir belonging to and used as a place for the storage of water by the city of Winston.…
1DissentClark, C. J.
This action was brought to determine the right, as between the parties, to a fund of $865, now in the hands of the defendant by agreement, as stakeholder. The controversy arose on the following facts: Angeline Peoples was the owner of a house standing on her lot immediately north of and twelve feet from a reservoir belonging to and used as a place for the storage of water by the city of Winston. On November, 1904, the wall of the reservoir, which was 20 feet higher than the house, by reason of some negligent defect in its construction or its condition, gave way and either fell, or by the…
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