Pelletier v. . Saunders
Supreme Court of North Carolina
This was a proceeding commenced before the Clerk of the Superior Court of Carteret County, to compel the defendant Saunders to sell the real estate oí his intestate for the payment of debts.
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This was a proceeding commenced before the Clerk of the Superior Court of Carteret County, to compel the defendant Saunders to sell the real estate oí his intestate for the payment of debts. The summons was made returnable before the Clerk, and the plaintiff' filed a complaint alleging, among other things, that the defendant’s intestate was "indebted to him by judgment obtained in the life time of the intestate, and that said intestate had conveyed lands to the other defendants, his daughters, for the purpose of defrauding creditors; that the personal estate is exhausted, and the…
1Opinion of the CourtRodman, J.
The question presented in this ease is, whether a Probate Court at the instance oí a creditor, can compel the administrator of the debtor to sell his lands, for the payment of his debts, after the personal estate has been exhausted.
The Act of 1868-9 ch. 113, siA chapter 5. s. 1, p. 26T, provides that in such a case the administrator may apply, to the Superior Court, tor an order to sell the real property ; but it makes no express provision tor the relief ot the creditor when the administrator refuses or unduly dela_ys to apply.
The word may, here, as in every act imposing a duty, means shall.…
2Cases cited2 opinions
- W. J. Sprinkle v. . E. Nye HutchinsonSupreme Court of North Carolina · 1872
- Moore, Ex ParteSupreme Court of North Carolina · 1870
3Cited by14 opinions
- Creech v. . WilderSupreme Court of North Carolina · 1937
- Yarborough v. . MooreSupreme Court of North Carolina · 1909
- Falls of Neuse Manufacturing Co. v. BrowerSupreme Court of North Carolina · 1890
- Lee v. . McKoySupreme Court of North Carolina · 1896
- Atlantic Coast Line Railroad v. ThrowerSupreme Court of North Carolina · 1938
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