Legal Opinion

Patton v. . Farmer

Supreme Court of North Carolina

Decided October 5, 1882PublishedCited by 7 opinions

Civil action tried at Spring Term, 1882, of Henderson Superior Court, before Gilliam, J. This action is brought to recover money received by the defendant H. T. Farmer, as clerk and master of the court of equity of Henderson county, the other defendants being the sureties on his official bond.

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Civil action tried at Spring Term, 1882, of Henderson Superior Court, before Gilliam, J. This action is brought to recover money received by the defendant H. T. Farmer, as clerk and master of the court of equity of Henderson county, the other defendants being the sureties on his official bond. As admitted the following are the facts of the casé: At the spring term, 1857, of said court a petition was filed by Mary A. Patton and others, as heirs at law of Martin A. Cash, for the sale and partition of certain lands descended to them from their said ancestor, and a decree to that effect being…

1Opinion of the CourtRuffin, J.

This court can perceive no error in the judgment of the court below.

The plaintiffs no where make a suggestion of any fraud on the part of the master, and if they had, there is nothing in the facts as agreed to which could give the least support to such an allegation. On the contrary, that officer seems to have been actuated by a high sense of his obligations, and to have been perfectly frank and unreserved as to his manner of dealing with the funds of the office, free of any purpose to make individual gain thereby.

And taking as a test, the rule, several times announced by this court, that as…

2Cited by7 opinions

  1. State Ex Rel. North Carolina Corp. Commission v. Harnett County Trust Co.Supreme Court of North Carolina · 1926
  2. Fisher v. . FisherSupreme Court of North Carolina · 1915
  3. Coggins v. . FlytheSupreme Court of North Carolina · 1893
  4. Coggins v. FlytheSupreme Court of North Carolina · 1893
  5. Green v. . RountreeSupreme Court of North Carolina · 1883

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