Mecklenburg County NcArchives Court.....Chairman, V. Clark & Springs 1825
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 January 25, 2009, 1:45 pm

Source: Nc Reports, Vol 11, 1897
Written: 1825

December Term, 1825

CHAIRMAN OF MECKLENBURG County Court, to the use of (43) M'Bride v. CLARK AND 
SPRINGS.

From Mecklenburg.

The record of a recovery by the creditor of an intestate against his 
administrator, is not evidence in a suit by the creditor against the 
securities of the administrator.

This was an action of debt on an administration bond, tried below, before 
Nash, Judge; and on the trial it appeared that George Hampton had been 
appointed administrator to the estate of Thomas Henderson, and entered into 
bond with the defendants as his sureties. M'Bride, a creditor of Henderson, 
had sued Hampton and recovered judgment, which was unsatisfied, Hampton being 
insolvent; and in this suit M'Bride was permitted to offer as prima facie 
evidence, the record of the recovery against Hampton. The admission of this 
testimony formed the ground of a motion for a new trial; and defendants 
contended also that this action would not lie against them.

Per Curiam. — This case presents the precise question that was made in 
M'Kellar v. Bowers, decided at this term. In that case the Superior Court 
rejected the evidence properly; in this case it was erroneously admitted. The 
judgment here must consequently be reversed.

Judgment reversed.

Cited, Moore v. Alexander, 90 N. C., 34.

Additional Comments:
North Carolina Reports, Volume 11
Cases Argued and Determined in the SUPREME COURT of NORTH CAROLINA.
For December Term 1825 and June Term 1826 
by Francis L Hawks (Vol. IV)
Annotated by Walter Clark
Richmond: James E Goode Printing Company, Printers
1897

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