Daws v. . Taylor

Supreme Court of North Carolina

Daws v. . Taylor

49 N.C. 499

DecidedAugust 5, 1857

StatusPublished

This text of 49 N.C. 499 (Daws v. . Taylor) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daws v. . Taylor, 49 N.C. 499 (N.C. 1857).

Pincite

Opinion

Pearson, J.

We concur in the opinion of his Honor, for the reason given by him. When a plaintiff declares as ad-minisbi'ator, profert of the letters of administration is made in the declaration, and no proof in respect to that fact is required on the trial; but when a plaintiff declares in his own right, as for a trespass, or for trover, after the property had come to his possession, the fact of his being administrator, constitutes a link in his chain of title, and is put in issue, and must be proved on the trial; no profert of the letters of administration being set out in the declaration. This is a well settled distinction.

Pee Cueiam. Judgment affirmed.

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Pearson, J.

We concur in the opinion of his Honor, for the reason given by him. When a plaintiff declares as ad-minisbi'ator, profert of the letters of administration is made in the declaration, and no proof in respect to that fact is required on the trial; but when a plaintiff declares in his own right, as for a trespass, or for trover, after the property had come to his possession, the fact of his being administrator, constitutes a link in his chain of title, and is put in issue, and must be proved on the trial; no profert of the letters of administration being set out in the declaration. This is a well settled distinction.

Pee Cueiam. Judgment affirmed.

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Bluebook (online)

49 N.C. 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daws-v-taylor-nc-1857.