Legal Opinion

State Ex Rel. Turner v. Turner

Supreme Court of North Carolina

Decided September 5, 1889PublishedCited by 2 opinions

Evidence — Burden of Proof — Settlement—Guardian—Administration — Judge’s Charge. This is a civil ACTION, tried before Merrimon, J., at August Term, 1889, of Iredell Superior Court.

Read the full summary

Evidence — Burden of Proof — Settlement—Guardian—Administration — Judge’s Charge. This is a civil ACTION, tried before Merrimon, J., at August Term, 1889, of Iredell Superior Court. The plaintiffs asked to be subrogated to the rights of Harry Burke and wife, and that the defendants should be compelled to contribute their proportionate part to reimburse them for money they had paid Burke and wife on account of their intestate, Plenry Turner, being a co-surety with the defendants Adams and Sharpe, on the guardian bond of the defendant Benjamin Turner. It,was in evidence, and not denied by…

1Opinion of the Court

Shepherd, J.:

The question involved in this action is the correctness of the settlement made by J. M. Turner, guardian of M. D. Turner, with the removed guardian Benj. Turner.

The former received from the latter the sum of sixteen hundred and fifty-six dollars and thirty cents, and executed to him a receipt for the same “in full of claims against him as former guardian of M. D. Turner as per settlement with the Court.” This settlement was made under the order of the County Court, which had appointed two of its Justices to make the same, and whose report was duly confirmed.

The Court charged the…

2Cases cited3 opinions

  1. Emmons v. Westfield BankMassachusetts Supreme Judicial Court · 1867
  2. Grant v. . HughesSupreme Court of North Carolina · 1886
  3. Dorsey v. . MooreSupreme Court of North Carolina · 1888

3Cited by2 opinions

  1. Braddy v. . PfaffSupreme Court of North Carolina · 1936
  2. Federal Land Bank of Columbia v. RobertsonSupreme Court of North Carolina · 1936

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API