The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-06
Supreme Court Digests.
(Reported by Jos. L. Seawell.)
Edwards, appellant, V. Lemmond

Edwards, appellant. V. Lemmond
From Union. No error.
An action against an administrator
for final settlement accrueS under Sec
ton 1902 of The Code, two years after
his qualification and is barred under
Section 158 ten years after the action
accrued.
Christian V. A. & n. c. Railroad, APP
pellant. From Durham. Appeal dis
missed.
An appeal does not lie from the re-
fusal of a motion to dismiss an action.
The Supreme Court will, in it's dis
erection, pass upon matters presented
by a premature appeal.
An administrator may sue in forma
pauperis under Section 210 of The
Code for the wrongful death of his in
testate upon proper affidavit of the
insolvency of the estate and also of
his own insolvency. Nickel V. Cutler,
rs n. G. 139 distinguished.
Though a recovery by an admins
traitor for the wrongful death of his
insolvent intestate must be distributed.
under Section 1900 of The Code, the
recovery will not be assets of the es-
tate, and as the administrator IN such
case sues in his own right he is indi-
vidually liable for costs and must give
bond unless permitted under Section
2lO to sue in forma pauperis.
v. Ill. IL.
From Guilford. No error.
In an action by the solicitor to re-
cover for distributes under a will,
an amount paid to their use by the
administrator to the clerk of the Su-
perlor court, it was proper-on sus-
tanning demurrer for that the solicitor
had no authority to sue for said fund
to make the distributes parties
plaintiff and order a reformation of
the pleadings. State V. PEBBLES, 81 y.
&. 81; Comm'rS. V. Gambler, 1913 n. G..
682 Goodman V. Goodman ~ NJ c.
sos and Merrell V. Merrell, 80 N. L.
657, distinguished).
Marsh v. Griffin. appellant. From
Union. No error
Where the privy examination of the
wife is properly certified, it will not be
invalidated for fraud, duress or UNI
due influence of the husband, unless
the grantee had notice of or particf-
pated in the same. Act 1889, Chapter
3S9.
The provision in Section 1929 of The
| Code that a limitation ''to the heirs OF
living person shall be construed to
be to the children of such person
applies only where there is no prece-
dent estate conveyed to said living per-
son.
A conveyance ito her. the party of
' the second part, her heirs and assigns
during her natural life and at her
death then to belong to her bodily
heirs to have and to hold in fee sim
! pie forever" is within the Rule in
Shelley's case and vests a fee simple in
the grantee.
Andrews V. Wellington, appellant.
From Orange. Reversed.
An agreement between f. and de-
PENDANTS assignor Ca stone company
engaged in blasting rock) provided
. that eff the said Southern Stone Com
pany or it's assigns will pay to E the
sum of 500 per annum While operat-
ing its quarry T. will accept
said sum in full of all damages and
release said company from any dam
ages whatever that may occur to his
land in consequence of the Operators
of said company
| Held that Els grantee could no;
! maintain an action under said con
tract against the assignee of the stone
company to recover 500 per year DIS
liquidated damages.
| Held further that it was optional
with defendant assignor WHEELER il
would pay plaintiffs grantor the
amount named in the contract.
! Richardson. appellant, V. Insurance
/ Co. From Guilford. Error.
| Where fire insurance company
contended there was a forfeiture of It's
policy on a stock of goods by the in
Sured'S selling the same, and on the
question of sale there was testimony
! by the alleged purchaser to the effect
that he had agreed with insured on
the price and insured had $500 of his
money and there'w an understand
ing that after an inventory (Which
was in progress when the fire occur
red the witness was to give inSureJ
his note and mortgage on the goods
for the purchase money, less the
amount already held by insured, but
witness was not in possession wher