Highsmith v. . Whitehurst
Supreme Court of North Carolina
Civil action, tried before BoyJdn, L, and a jury, at January Term, 1896, of Pixr Superior Court. The nature of the action, and facts upon which it- was based, -are stated in the opinion of the court. There was a verdict for the plaintiffs and from the judgment thereon the defendants appealed.
1Opinion of the Court
Eueches, J.:
In tbe mouth of January, ^1883, B. 0. Highsmith died intestate, and soon thereafter (April 9th, 1883,) the defendant, M. D. Whitehurst, was appointed and qualified as his administrator. There being an insufficiency of personal assets to pay the indebtedness of his intestate, the defendant administrator' applied for and obtained an order to sell the real estate. The proceedings to obtain this order for the sale of laud was put in evidence and is made a part of the case on appeal. And while it is not as formal as it might have been, it appears to have been substantially correct and…
2Cited by8 opinions
- Card v. Finch.Supreme Court of North Carolina · 1906
- McNeill v. . FullerSupreme Court of North Carolina · 1897
- Jessup v. . NixonSupreme Court of North Carolina · 1923
- Russell v. . RobertsSupreme Court of North Carolina · 1897
- Jessup v. . NixonSupreme Court of North Carolina · 1928
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