Legal Opinion

Person v. . Montgomery

Supreme Court of North Carolina

Decided February 5, 1897PublishedCited by 6 opinions

PetitioN for sale of land for assets to pay debts, commenced before the Superior Court of EeaNiclin county, transferred to Term on issues raised before the clerk, referred to W. 13. Shaw , Esq., and heard on exceptions to the referee’s report, before Melver,

1Opinion of the Court

Fueoi-ies, J.:

This is a proceeding to sell and to pay debts and costs of administration. The defendants, Eva Speed and Maggie Speed, and their husbands, deny plaintiff’s allegations that it is necessary to sell the lands of their intestate mother for the payment of debts and costs of administration. And they allege that the personal estate is sufficient for this purpose if: properly and faithfully administered; and that their co-defendant Montgomery is indebted to the estate in a much larger amount than is sufficient to pay the debts and costs of administration.

The defendant Montgomery…

2Cases cited1 opinion

  1. Threadgill v. Commissioners of Anson CountySupreme Court of North Carolina · 1895

3Cited by6 opinions

  1. Humphrey v. StephensSupreme Court of North Carolina · 1926
  2. Humphrey v. . StephensSupreme Court of North Carolina · 1926
  3. Whitmarsh v. McGairSupreme Court of Rhode Island · 1959
  4. Lowder v. . HathcockSupreme Court of North Carolina · 1909
  5. McNair v. . CooperSupreme Court of North Carolina · 1917

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