Rogers v. . Grant
Supreme Court of North Carolina
Civil ACTION tried at January Special Term, 1882, of NORTHAMPTON Superior Court, before Graves, J. Eliza A. Phillips died in April, 1860, and J. M. S. Rogers qualified as executor to her last will and testament, but he died in April, 1874, without having settled the estate of his testatrix, and in June, 1876, the defendant, Grant, qualified as her administrator de bonis non.
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Civil ACTION tried at January Special Term, 1882, of NORTHAMPTON Superior Court, before Graves, J. Eliza A. Phillips died in April, 1860, and J. M. S. Rogers qualified as executor to her last will and testament, but he died in April, 1874, without having settled the estate of his testatrix, and in June, 1876, the defendant, Grant, qualified as her administrator de bonis non. At the time of her death, the testatrix was indebted to one Smith in a considerable amount, evidenced by bonds, set out in the statement of the case, which were endorsed to the plaintiff’ for value, who brought this…
1Opinion of the CourtSmith, C. J.
When this cause was before us on the former appeal from the ruling of the court, that the lapse of seven years since the plaintiff’s cause of action accrued and the revival of the suspended statute of limitations before the bringing of the suit, was a barrier to the recovery, it was remanded “for a fuller statement of facts or other proceedings as the parties may be advised.” [See 80 N. C., 487].
Upon a reference subsequently ordered in the superior court to ascertain what, if any, assets of the testatrix, were in the hands of the defendant at the time of instituting the suit, or of making the…
2Cited by4 opinions
- Smith v. . BrownSupreme Court of North Carolina · 1888
- Love v. . IngramSupreme Court of North Carolina · 1889
- Glover v. . FlowersSupreme Court of North Carolina · 1886
- Gaither v. . SainSupreme Court of North Carolina · 1884