Clement v. . Cozart
Supreme Court of North Carolina
The plaintiff appealed from the judgment refusing to declare the demurrer frivolous, rendered by MacRae, J., at September Term, 1890, of the Superior Court of Grakville County. The facts are set forth in the defendant’s appeal, taken at the same time. plaintiff’s petition.
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The plaintiff appealed from the judgment refusing to declare the demurrer frivolous, rendered by MacRae, J., at September Term, 1890, of the Superior Court of Grakville County. The facts are set forth in the defendant’s appeal, taken at the same time. plaintiff’s petition. The petition of Thomas D. Clement, as administrator of Amos Gooch, deceased, respectfully showeth— 1. That Amos Gooch, late of said county of Granville, died intestate in said county, some time in the month of March, 1885. 2. That on the 16th of March, 1885, your petitioner was duly appointed and qualified as administrator…
1Opinion of the CourtAvkry, J.
after stating the facts: It is too well settled to leave room for discussion that a personal representative must allege, in a petition to sell land to make assets, either that the personal property has been exhausted without discharging the indebtedness of the estate, or is insufficient to pay it. It is essential that the exhaustion or the insufficiency of assets arising, or that will arise, from the sale of personalty should appear either by a direct allegation or by necessary implication from the facts stated in the complaint. Shields v. McDowell, 82 N. C., 137. Where a personal…
2Cases cited7 opinions
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- Haywood v. HaywoodSupreme Court of North Carolina · 1878
- Wilson v. . PearsonSupreme Court of North Carolina · 1889
- Tulburt v. . HollarSupreme Court of North Carolina · 1889
- Shields v. . McDowellSupreme Court of North Carolina · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. Georgia Co.Supreme Court of North Carolina · 1893
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
- Yarborough v. . MooreSupreme Court of North Carolina · 1909
- Wadford v. . DavisSupreme Court of North Carolina · 1926
- Clement v. . CozartSupreme Court of North Carolina · 1891
2 more not listed; retrieve them via the Exa API.