Cooper v. Middleton
Supreme Court of North Carolina
Civil ACTION, tried by Gudger, Judge, at May Term, 1885, of the Superior Court of DupliN county. This was an action brought to recover of W. B. Middleton, guardian, the intestate of defendant B. P. Middleton, and the sureties upon his bond, whatever might be due the plaintiffs as wards of said W. B. Middleton, and to subrogate the plaintiffs to the rights of the sureties in a certain mortgage deed executed to them by said W. B. Middleton.
Read the full summary
Civil ACTION, tried by Gudger, Judge, at May Term, 1885, of the Superior Court of DupliN county. This was an action brought to recover of W. B. Middleton, guardian, the intestate of defendant B. P. Middleton, and the sureties upon his bond, whatever might be due the plaintiffs as wards of said W. B. Middleton, and to subrogate the plaintiffs to the rights of the sureties in a certain mortgage deed executed to them by said W. B. Middleton. The cause was, by consent, referred to F. A. Daniels, at Spring Term, 1883, and at Spring Term, 1884, said referee made the following report; The…
1Opinion of the CourtAshe, J.
(after stating the facts). The avowed object of this action, was to subrogate the plaintiffs to the rights of the sureties in a certain mortgage deed made by W. B. Middleton to his sureties on his guardian bond.
The cause was referred to Frank A. Daniels, both parties assenting, for trial upon all the issues of law and fact arising on the pleading. The referee made his report, accompanied by the evidence taken in the cause, distinctly stating in his report the facts found upon the evidence, and his conclusions of the law arising from the facts so found. In this respect the referee has strictly…
2Cases cited7 opinions
- Green v. CastleburySupreme Court of North Carolina · 1874
- Ijames v. . GaitherSupreme Court of North Carolina · 1885
- State Ex Rel. Klutts v. McKenzieSupreme Court of North Carolina · 1871
- Suit v. . SuitSupreme Court of North Carolina · 1878
- Hyman v. . DevereuxSupreme Court of North Carolina · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Town of Burnsville v. BooneSupreme Court of North Carolina · 1950
- Southern Fertilizer Co. v. ReamsSupreme Court of North Carolina · 1890
- Harris v. . SmithSupreme Court of North Carolina · 1907
- Howerton v. . SextonSupreme Court of North Carolina · 1889
- Magill v. Brown Bros.Court of Appeals of Texas · 1899
6 more not listed; retrieve them via the Exa API.