Jeffreys v. Yarborough, 9 N.C. 307, 2 Hawks 307 (1822)

Dec. 1822 · Supreme Court of North Carolina

9 N.C. 307, 2 Hawks 307

Jeffreys v. Yarborough, executor, and others.

From Franklin.

When a Master reports a sum to be due, on the admission of one of the parties, the more regular mode is lor the parly to sign such ad. mission in the Master’s presence.

When a report is made upon accounts exhibited to the Master, such accounts should accompany the report, that the Court may set* the correctness of the Master’s inferences.

In this case, the Clerk and Master of Franklin had reported in favor of Complainant, stating in his report, that several sums were admitted by the Defendants, without taking down the admissions in writing and having them signed by the party making them. Exceptions filed to the report, which were overruled by the Court below', and a final decree made by the Judge below. Irons which an appeal was taken to this Court.

Per Curiam.

Where a Master reports that, any-specified sum is admitted by the parties to be due, it ought, in general, to be presumed, prima facie, to be true, and to throw the onus on- the, other side to shew' the contrary by affidavit. But even in such case, the more regular, and certainly the safer way, is, for the party-making the admission, to sign it in the Master’s presence- — (3 P. Wms. 142—Cursus Cancellarioe 427.) In this case, however, the report shews upon its face, that the sums reported were raised by the Master from accounts exhibited by the party, the items of which accounts were admitted ; and such a report is clearly irregular unless the accounts accompany the report, or are particularly referred to, so that the Court may examine the correctness of the Master’s inferences.

The report must therefore he. set aside, and the cause .remanded for further proceedings.