State Ex Rel. Griffin v. Cahoon

126 S.E. 927, 189 N.C. 254, 1925 N.C. LEXIS 296

• Court: Supreme Court of North Carolina
• Decided: March 11, 1925
• Status: Published

Opinion

Connor, J.

Plis Honor held tbat interpleaders, having failed to except to tbe judgment approving tbe payment by tbe surety of tbe sum of $1,000 to plaintiff, were precluded from thereafter asserting any rights to tbe funds recovered by and paid to tbe plaintiff as guardian of the infant distributees of tbe estate of Natban Caboon. This bolding, and tbe judgment in accordance therewith, interpleaders assign as error. Tbe assignment of error cannot be sustained. Tbe fund was not in tbe custody of tbe court at time complaint was filed, but bad been paid to tbe guardian, who held it under a final judgment in an action to which interpleaders bad, upon their motion, been made parties. There are other assets available to tbe administrators and interpleaders, as creditors of tbe estate, must look to these assets for tbe payment of their judgments. Tbe judgment is

Affirmed.