Beaufort County NcArchives Court.....Noah Bell, James F. Latham V. 1873
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 December 5, 2009, 6:41 pm

Source: North Carolina Reports
Written: 1873

James F. Latham v. Noah Bell

Where an administrator wastes the personal assets and does not apply them to 
the payment of the debts of his intestate, and then is removed for misconduct 
and another person is appointed administrator de bonis non, the latter must 
sue on the bond of the former administrator, if the sureties thereon are 
solvent, before he can apply by petition for the sale of the land of the 
intestate.

The case of Badger v. Jones, 66 NC Rep. 805 cited and approved.

This was a Petition by an administrator de bonis non to sell real estate for 
the payment of the debts of the intestate. The defendant, Noah Bell, was made 
a party and opposed the petition, and the case was brought in a regular manner 
before His Honor, Moore, J., at the Spring Term, 1873, of the Superior Court 
of Beaufort County, where the following was submitted to him as a case agreed:

In the year 1869 Aquilla Davis died intestate, leaving real property, and also 
personal property sufficient to pay his debts. On the 7th December, 1860, R. 
D. Davis was appointed administrator and took possession of the personal 
property sufficient to pay the debts of his intestate as was shown by an 
inventory returned to the Probate Court, on 4th day of January, 1871. R. D. 
Davis wasted the personal property by not applying it to the payments of 
debts. He is also sole heir and distributee of Aquilla Davis, and to him 
descended the land described in the petition, and he within two years after 
the death of his intestate and ancestor, to-wit:

On the 7th day of January, 1870, sold the land to the defendant, Noah Bell for 
valuable consideration, the sale being bona fide and for value. R. D. Davis, 
gave bond upon taken out letters of administration. On the 16th of January, 
1871, the said Davis was removed from his office of administrator for waste 
and mismanagement, and the petitioner was appointed administrator de bonis non 
of the said intestate, and then filed this petition to sell the land for the 
purpose of paying the intestate's debts. 

His Honor decided that the point raised by the interpleader, Noah Bell, viz: 
that the plaintiff should have first proceeded on the bond of the former 
administrator, or have alleged its insolvency, before the land could be 
subjected to the payment of the intestate's debts was good, and dismissed the 
petition at the costs of the plaintiff, from which judgment he appealed.

Warren & Carter, for the plaintiff
Satterthwaite & Brown, for the defendant

[NC Supreme Court]
Reade, J.
There is no error
Per Curiam
Judgment affirmed

[See court case for Judge Reade's findings]


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