Perry v. . Adams
Supreme Court of North Carolina
Civil ACTION tried before Clark, Judge, at January Term, 1887, -of Granville Superior Court. It appeared that John R. Perry died intestate in the county of Granville, sometime in the year 1864, leaving surviving him as his only heir at law the feme defendant, then an infant of tender years, who has since intermarried with her co-defendant.
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Civil ACTION tried before Clark, Judge, at January Term, 1887, -of Granville Superior Court. It appeared that John R. Perry died intestate in the county of Granville, sometime in the year 1864, leaving surviving him as his only heir at law the feme defendant, then an infant of tender years, who has since intermarried with her co-defendant. At the February Term, 1866, of the late Court of Pleas and Quarter Sessions of the county named, Samuel D. Coley was duly appointed administrator of the estate of the intestate, and at the February*- Term, 1867, of that Court, the feme defendant then being…
1Opinion of the Court
MerrimoN, J.,
(after stating the case as above). The learned counsel for the plaintiff contended on the argument here, that inasmuch as the property, both personal and real, of the deceased debtor, in the order mentioned, is subject first and certainly to be applied to the payment of costs of administration and the debts of the decedent, the Court had authority to direct a sale of the land to make assets for such purpose, and a proceeding and proper orders and decrees to that end would not be void, although the heir was not made a party thereto, and he cited several cases to support that…
2Cited by18 opinions
- Card v. Finch.Supreme Court of North Carolina · 1906
- Journal Publishing Co. v. BarberSupreme Court of North Carolina · 1914
- Harrison v. . HarrisonSupreme Court of North Carolina · 1890
- Grantham v. . NunnSupreme Court of North Carolina · 1924
- White v. MorrisSupreme Court of North Carolina · 1890
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