Opinion · Supreme Court of North Carolina
Latham v. . Bell
69 N.C. 135
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1873-06-05
- Topic
- general
Reade, J. In Badger v. Jones & Watson, 65 N. C. Rep. 305, it is said that “ for devastavit on the part of the previous administrator, the administrator de bonis non ought tore-, cover the value of the goods and effects wasted by an action on the bond of his predecessor.” That is decisive of this. *137 case.
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LATHAMv. BELL,69 N.C. 135(1873)
JAMES F. LATHAMv. NOAH BELL.
Supreme Court of North Carolina
(June Term, 1873.)
The case ofBadgerv.Jones,66 N.C. 305, cited and approved.
In the year 1869 Aquilla Davis died intestate, leaving real property, and also personal property sufficient to pay his debts. On the 7th December, 1860, R. D. Davis was appointed administrator and took possession of the personal property sufficient to pay the debts of his intestate as was shown by an inventory returned to the Probate Court, on 4th day of January, 1871. R. D. Davis wasted the personal property by not applying it to the payment of debts. He is also sole heir and distributee of Aquilla Davis, and to him descended the land described in the petition, and he within two years after the death of his intestate and ancestor, to-wit: on the 7th day of January, 1870, sold the land to the defendant, Noah Bell for valuable consideration, the sale beingbona fideand for value. R. D. Davis, gave bond upon taken out letters of administration. On the 16th of January, 1871, the said Davis was removed from his office of administrator for waste and mismanagement, and the petitioner was appointed administratorde bonis nonof the said intestate, and then filed this petition to sell the land for the purpose of paying the intestate's debts. His Honor decided that the point raised by the interpleader, Noah Bell, viz: that the plaintiff should have first proceeded on the bond of the former administrator, or have alleged its insolvency, before the land could be subjected to the payment of the intestate's debts was good, and dismissed the petition at the costs of the plaintiff, from which judgment he appealed.
There is no error.
PER CURIAM. Judgment affirmed.