Brittain v. . Dickson
Supreme Court of North Carolina
Executors and Administrators — Real Estate — Assets — Judgments — Limitations—-Heirs—Creditors. This is an application for a license to sell land to make assets to pay debts, &c.
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Executors and Administrators — Real Estate — Assets — Judgments — Limitations—-Heirs—Creditors. This is an application for a license to sell land to make assets to pay debts, &c. The following is so much of the case stated on appeal as need be reported: John A. Dickson died on the 18th day of October, 1861. W. S. Moore administered on his estate on the-day of August, 1862. Moore filed an administration bond which is lost, and cannot after due diligence be found, as many of the records of Burke County were destroyed during the late war. Moore died on the-day of-, 1869. Jos. Brittain was…
1Opinion of the CourtMerrimon, C. J.
— after stating the case: The intestate of the plaintiff died in 1861, and letters of administration on his estate were duly granted to the former administrator in August, 1862, who afterwards died in 1869. The plaintiff was, afterwards, on the 23d day of December, 1886, appointed and qualified as administrator de ■ bonis non of the same intestate. The estate must, therefore, be settled according to the law applicable in such cases next prior to the first day of July, 1869, except as “to the Courts having jurisdiction of any action or proceeding for the settlement of an administration, or to…
2Cases cited11 opinions
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Latham v. . BellSupreme Court of North Carolina · 1873
- Smith v. BrownSupreme Court of North Carolina · 1888
- Syme v. . BadgerSupreme Court of North Carolina · 1887
- Dunlap v. . HendleySupreme Court of North Carolina · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lee v. . McKoySupreme Court of North Carolina · 1896
- Edwards v. Lemmond.Supreme Court of North Carolina · 1904
- Brown v. . WilsonSupreme Court of North Carolina · 1917
- State Ex Rel. Stonestreet v. FrostSupreme Court of North Carolina · 1898
- Pierce v. . FaisonSupreme Court of North Carolina · 1922
5 more not listed; retrieve them via the Exa API.