Walton v. . Pearson
Supreme Court of North Carolina
Civil AcT-ioN, upon the bond of ad ministrator., tried at Fall Term, 1879, of Catawba Superior Court, before Schenck, X. On the 25th of November, 1855, W. F. McKesson, as principal, and Charles McDowell and James McKesson^ as sureties, executed their bond to the plaintiff, Walton, for the sum of $2,250, payable one day after date.
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Civil AcT-ioN, upon the bond of ad ministrator., tried at Fall Term, 1879, of Catawba Superior Court, before Schenck, X. On the 25th of November, 1855, W. F. McKesson, as principal, and Charles McDowell and James McKesson^ as sureties, executed their bond to the plaintiff, Walton, for the sum of $2,250, payable one day after date. Charles McDowell died in 1859, leaving a will which was admitted to probate in November of that year, and upon the renunciation of the executor therein named, N. W. Woodfin was appointed his administrator with the will annexed and entered into bond as such in the…
1Opinion of the Court
Rüpfin, J.
In this case appeals were taken by both plain tiff and defendant and are now pending in this court. For the sake of convenience we have considered them together;
In his complaint as first drafted, the plaintiff, after setting out the death of Charles McDowell and the appointment of Mr. Woodfin as his administrator and his execution of the bond sued on with R. M. Pearson and W. F'. McKesson as his sureties and the fact that at fall term, 1869, of Burke superior court he had recovered judgment against the said McKesson in his own right and as administrator of James McKesson, deceased,…
2Cases cited1 opinion
- Foster v. . WoodfinSupreme Court of North Carolina · 1871
3Cited by16 opinions
- State v. CannonSupreme Court of North Carolina · 1956
- Shaver v. ShaverSupreme Court of North Carolina · 1958
- Wilson v. . PearsonSupreme Court of North Carolina · 1889
- Ricaud v. Alderman.Supreme Court of North Carolina · 1903
- Love v. . McClureSupreme Court of North Carolina · 1888
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