Dickson v. . Crawley
Supreme Court of North Carolina
Civil action, brought in the name of John A. Dickson, J. N. Harshaw and J. 0. Hallyburton, executors of Jacob ITarshaw, deceased, against Joseph Brittain, administrator de bonis non of John A. Dickson, tried by Ármfield, J., and a jury, at Fall Term, 1892, of Burke Superior Court.
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Civil action, brought in the name of John A. Dickson, J. N. Harshaw and J. 0. Hallyburton, executors of Jacob ITarshaw, deceased, against Joseph Brittain, administrator de bonis non of John A. Dickson, tried by Ármfield, J., and a jury, at Fall Term, 1892, of Burke Superior Court. The plaintiff Dickson declared on a judgment rendered at Spring Term, 1869, of Burke Superior Court (held 29th of May, 1869) in favor of Jacob Harshaw against W. S. Moore, administrator of John A. Dickson, and W. F. McKes-son for the sum of $480.05, with interest on $300 from said date till paid, which judgment ivas…
1Opinion of the Court
SheRUKru, C. J.:
The objection that there was no legal assignment of the judgment to the plaintiff Hickson is without force. A private sale of a chose in action by an executor or administrator, if made in good faith, is valid, although, says Daniel, J., it would be mto11 to follow “the direction of the statute; for if the executor or administrator fails to obtain as much at private sale as would have been got at public vendue, he or they would bo bound to make good the deficiency out of their own pockets.” Wynns v. Alexander, 2 Dev. & Bat. Eq., 58; Gray v. Armistead, 6 Ired. Eq., 74. In the…
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