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3 N.C. 357

Brickell v. Jones

Superior Court of North Carolina

Decided October 15, 1805

Superior Court of North Carolina · decided 1805-10-15

‘HpHE bill stated that Byrd was the administrator of his brother, 4 and they his sureties in the administration bond. That he was afterwards appointed, their guardian, and of course became entitled to receive whatever he. owed as administrator, which by Operation of law was a payment as administrator. That the defendant had sued for the children of the intestate, on the administration bond and recovered. The bill prayed an injunction.

Decided 1805-10-15

Hall, Judge,

¶1tools time to consider; and after some days, de=„ remained that the facts disclosed in the bill might have been used-by way of defence at law; and if used there and rejected as in=>. sufficient, there could;not be relief in equity.

¶2Carried to the Court.of Conference.

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