Adams v. . Howard
Supreme Court of North Carolina
MotioN to set aside sale of lands, heard upon appeal from. Clerk, by Whitaker, J., at October Term, 1891, of Wake Superior Court.
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MotioN to set aside sale of lands, heard upon appeal from. Clerk, by Whitaker, J., at October Term, 1891, of Wake Superior Court. It appears that David Smith died in the county of Wake about October of 1860, and James Adams was appointed and qualified as administrator of his estate; that at November Term, 1860, of the late Court of Pleas and Quarter Sessions of said county, the said administrator filed his petition against the heirs at law of his intestate to obtain a license to sell all the intestate’s real estate, subject to his widow’s dower, to make assets to pay debts. Four of these…
1Opinion of the Court
Merrimon, C. J.:
According to the pertinent statutes and practice prevailing at the time the plaintiff filed his petition to obtain a license to sell all the land of his intestate to make assets to pay debts, the late Court of Pleas and Quarter Sessions had complete jurisdiction of the parties, including the infant defendants, and of the subject-matter of the petition. The petition alleged that a sale of all the land of the intestate was necessary, and the Court granted the prayer thereof, and directed a sale of the whole of the land specified therein exc'ept the “ widow’s dower.” The…
2Cited by8 opinions
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- Rocky Mount Savings & Trust Co. v. McDearmanSupreme Court of North Carolina · 1938
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