Supreme Court of North Carolina, 1857

Daws v. . Taylor

Daws v. . Taylor
Supreme Court of North Carolina · Decided August 5, 1857 · Pearson
49 N.C. 499

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.

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