Legal Opinion

Thompson v. . Scott, Comr. of Agriculture

Supreme Court of North Carolina

Decided September 22, 1943PublishedCited by 1 opinion

1Opinion of the CourtDeNNY, J.

In substituting a trustee under tbe provisions of C. S., 2583, tbe statute provides that all persons interested shall be made parties to tbe proceeding. Does dll persons interested include junior lienholders? We do not so bold.

The case of Guion v. Melvin, 69 N. C., 242, involved tbe appointment of a trustee under tbe statute now under consideration. Tbe trust involved both real and personal property. Tbe trustee bad died. Tbe real property descended to tbe trustee’s heirs and tbe personal property passed to bis administrator, clothed with trusts. Tbe heirs at law and tbe administrator refused…

2Cases cited11 opinions

  1. Bateman v. . SterrettSupreme Court of North Carolina · 1931
  2. Eubanks v. BectonSupreme Court of North Carolina · 1912
  3. Spain v. . HinesSupreme Court of North Carolina · 1938
  4. Brown v. . JenningsSupreme Court of North Carolina · 1924
  5. Guion and Wife v. . Melvin .Supreme Court of North Carolina · 1873

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3Cited by1 opinion

  1. In re the Foreclosure of the Deed of Trust of Vogler Realty, Inc.Supreme Court of North Carolina · 2012

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