{
  "id": 8690809,
  "name": "S. B. ALEXANDER and others v. WILLIAM JOHNSTON and others",
  "name_abbreviation": "Alexander v. Johnston",
  "decision_date": "1874-01",
  "docket_number": "",
  "first_page": "295",
  "last_page": "296",
  "citations": [
    {
      "type": "official",
      "cite": "70 N.C. 295"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 175,
    "char_count": 2319,
    "ocr_confidence": 0.376,
    "sha256": "abae8ac3e1d63b24d394080f687778ffa3b65840ced544c17e51063d04f1c61a",
    "simhash": "1:30fb57935a27be5a",
    "word_count": 394
  },
  "last_updated": "2023-07-14T15:53:06.826178+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "S. B. ALEXANDER and others v. WILLIAM JOHNSTON and others."
    ],
    "opinions": [
      {
        "text": "Settle, J.\nOne Dunlap, as Clerk and Master of the Court of Equity for Mecklenburg county, sold under an order of the-Court; certain lands for partition among the plaintiffs, and took bonds for the payment of the- purchase money. The sale was confirmed by the Court, and the Clerk and Master was ordered to collect the purchase money and make title.\nThese bonds then passed into the hands of Dunlap\u2019s successor, A. C. Williamson, who collected' the money due thereon and misapplied the same by converting-it to his own use. This-action is brought against the- sureties on the official bond of Williamson for the recovery of the money thus misapplied, and comes before us by appeal from the order of his Honor overruling the demurrer to the complaint, and directing the defendants to- answer.\nThe principal cause of demurrer-assigned is, \u201cthat it appears from the complaint that the order of sale was made prior to-the appointment of said Williamson as Clerk and Master, and it does not appear that there was any order made directing-Dunlap, the former Clerk and Master, to- turn over the said notes to said Williamson to collect the purchase money,\u201d &c-.\nIt appears that there was an order for the Clerk & Master to collect; and it is too clear for argument that Williamson received the bonds and also the money due upon them in bis official capacity, and that the plaintiffs have a right to> look to his bond for indemnity.\nThe judgment of the Superior Court is affirmed.\nLet this be certified.\nPee CuRiAM. Judgment affirmed.",
        "type": "majority",
        "author": "Settle, J."
      }
    ],
    "attorneys": [
      "McCorMe <\u00a3>\u25a0 Bailey, for appellants.",
      "Jones do Johnston, contra."
    ],
    "corrections": "",
    "head_matter": "S. B. ALEXANDER and others v. WILLIAM JOHNSTON and others.\nThe successor of a former Clerk and Master, who received bonds given for the purchase of certain lands sold by the former, collected the same and misapplied the proceeds, is liable therefor on his official bond, although th\u00e9re was no order for the former Clerk and Master to hand over such bonds to him.\nCivil actioN, tried before Moore, J!, at the July (Special) Term, 1873, of MeceleNbubg Superior Court,\nThe defendants demurred to the complaint of the plaintiffs, apon the grounds stated in the opinion of the Court. His Honor overruled the demurrer, and the defendants appealed.\nAll the facts pertinent to the point decided, are set out in the opinion of the Court.\nMcCorMe <\u00a3>\u25a0 Bailey, for appellants.\nJones do Johnston, contra."
  },
  "file_name": "0295-01",
  "first_page_order": 311,
  "last_page_order": 312
}