Supreme Court of North Carolina October 15, 1903 (Perkins v. Brinkley.)

Connor, J.

This action was originally brought by the plaintiff against Abram Brinkley as trustee for plaintiff and in his capacity as executor of Dr. W. M. Perkins, deceased, and against the executrix of Dr. Perkins. At the term subsequent to the filing of the complaint plaintiff submitted to a non-suit as to the personal representatives of Dr. Perkins.