32 N.C. 172 | N.C. | 1849
The only question is whether the action (173) was properly brought. The feme relator is one of the next of kin to Mabel Clark, and entitled to a distributive share of her estate. She and her husband assigned their interest to one John Smith, and the action is brought on their relation to the use of Smith, on the administration bond, against the administrator and his sureties. On the part of the defendants it is alleged the action ought to have been brought on the relation of Smith. We agree with the court below that it is properly brought. To sustain the defense, several cases have been referred to; none of them, we think, have that effect. In Wright v.Lowe,
PER CURIAM. Judgment affirmed.
Cited: Jones v. Brown,
(174)