Supreme Court of North Carolina, 1853

Rice v. . Richards

Rice v. . Richards
Supreme Court of North Carolina · Decided August 5, 1853 · PeaesoN
45 N.C. 277

Rice v. . Richards

Opinion of the Court

PeaesoN, J.

The entire legal ownership of the note survived to the defendant William Richards, and the personal representative of the deceased obligee had no right to receive any part of it. The plaintiff, therefore, made the payment in his own wrong.

*278 Whether the personal representative of the deceased obligee has a right in Equity to call upon the survivor for an account, it is not necessary now to decide, because the defendant fully meets and denies all supposed grounds of equity. The order dissolving the injunction is affirmed.

Per Curiam. Interlocutory order affirmed.

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