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

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.

Reference

Full Case Name
Charlotte Daws, Administratrix v. . David Taylor.
Status
Published