Ramsour v. . Thompson
Supreme Court of North Carolina
Civil action, tried upon a case agreed ‘before Logon, J., at Spring Term, 1871, of Lincoln Superior Court. The action was brought returnable- to Fall Term, 1869, to recover from the defendants, who are the executors of Jacob Eamsour, deceased, the distributive share of said estate due to the plaintiff, as the executor of A. A. Eamsour, deceased, who was one of the next of kin and legatees of the defendants’ testator.
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Civil action, tried upon a case agreed ‘before Logon, J., at Spring Term, 1871, of Lincoln Superior Court. The action was brought returnable- to Fall Term, 1869, to recover from the defendants, who are the executors of Jacob Eamsour, deceased, the distributive share of said estate due to the plaintiff, as the executor of A. A. Eamsour, deceased, who was one of the next of kin and legatees of the defendants’ testator. It is admitted that the estate of A. A. Eamsour is insolvent, and that the plaintiff has already confessed judgment as executrix to an amount beyond the value of the estate…
1Opinion of the Court
Boíden, J.
The plaintiff in the action is the executrix of A. A. Eamsour, who was the son of the testator of defendants; and the object of this suit is to recover of the'defendants the distributive share of plaintiff’s testator in his father’s estate-. The testator of defendants was the surety for plaintiff’s testator,, in a sum greater in amount than his distributive share in hi& father’s estate ; but the debt, for which the father was surety, was outstanding and unpaid at the time of the commencement of this action, but has since been discharged by the defendants, and that before the account…
2Cited by6 opinions
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- Fiscus v. MooreIndiana Supreme Court · 1890
- Patapsco Guano Co. v. Board of Agriculture of North CarolinaU.S. Circuit Court for the District of Eastern North Carolina · 1892
- First State Bank v. CooperAppellate Court of Illinois · 1921
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