Brooks v. . Headen
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1882, of Chatham Superior Court, before Shipp, J. The plaintiff on May 12th, 1856, conveyed certain personal estate then owned by him to Aaron D. Headen, in trust to secure the several debts therein specified, and with authority to sell and apply the proceeds to their payment if not discharged by himself before the 1st day of the same month in the year following.
Read the full summary
Civil ActioN tried at Fall Term, 1882, of Chatham Superior Court, before Shipp, J. The plaintiff on May 12th, 1856, conveyed certain personal estate then owned by him to Aaron D. Headen, in trust to secure the several debts therein specified, and with authority to sell and apply the proceeds to their payment if not discharged by himself before the 1st day of the same month in the year following. The trustee died iu 1858 or 1859, having executed and published his will thereafter admitted to probate, and appointed Andrew Headen and Thomas A. Brooks executors, both of whom qualified as such. On…
1Opinion of the Court
Smith, C. J.;
after stating the case. There can be no question of the correctness of the ruling, that the record did not show any debt judicially ascertained and declared against the intes tate personally. The judgment fixes the liability of the trustee, Aaron I). Headen, and the possession by his executors of assets sufficient to discharge it, and if it cannot be satisfied from them, it may become personally their own debt by a proper proceeding for the devastavit. Until this is done, the judgment is against the defendants in their representative capacity, and to be satisfied out of the…
2Cases cited5 opinions
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Kidder v. . McIlhennySupreme Court of North Carolina · 1879
- Curtis v. . CashSupreme Court of North Carolina · 1881
- Bryant v. . FisherSupreme Court of North Carolina · 1881
- Williams v. . GreenSupreme Court of North Carolina · 1879
3Cited by1 opinion
- Hester v. . LawrenceSupreme Court of North Carolina · 1889