Daws v. . Taylor
Supreme Court of North Carolina
Daws v. . Taylor, 49 N.C. 499 (N.C. 1857)
Pearson
Daws v. . Taylor
Opinion of the Court
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.
Reference
- Full Case Name
- Charlotte Daws, Administratrix v. . David Taylor.
- Status
- Published