Legal Opinion

Hughes v. . Whitaker

Supreme Court of North Carolina

Decided January 5, 1881PublishedCited by 8 opinions

Civil ActioN tried at Pall Term, 1880, of Halifax Superior Court, before Graves, J. The plaintiff appealed from the ruling of the judge below.

1Opinion of the CourtSmith, C. J.

L. H. B. Whitaker died in the year 1865, indebted to John Summerell, the plaintiff’s testator, in a large sum, and soon thereafter his will was proved and letters testamentary issued to the defendants, J. H. and B. P. Whitaker.

This action, commenced on January 9th, 1877, by said Summerell on behalf of himself and other creditors of the deceased debtor, against his executors and the other defendants, and prosecuted by the plaintiff since his death, seeks to secure the assets, personal and such as were derived from a sale of the devised lands, which, it is charged in the complaint, under a…

2Cases cited2 opinions

  1. Blount v. . ParkerSupreme Court of North Carolina · 1878
  2. Spruill v. . SandersonSupreme Court of North Carolina · 1878

3Cited by8 opinions

  1. State v. Georgia Co.Supreme Court of North Carolina · 1893
  2. Osborne v. . WilkesSupreme Court of North Carolina · 1891
  3. Guilford v. . Georgia Co.Supreme Court of North Carolina · 1893
  4. Bronson v. Wilmington N. C. Life InsuranceSupreme Court of North Carolina · 1881
  5. Syme v. . BadgerSupreme Court of North Carolina · 1887

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