Vaughn v. . Deloatch
Supreme Court of North Carolina
This was an action of debt brought under the old system, and tried before Pool, J., at Spring Term, 1871, of Hertford Superior Court. The plaintiff.declared on a single" bill, the execution of which was admitted; the defendants relied upon the pleas, of fully administered and no assets.
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This was an action of debt brought under the old system, and tried before Pool, J., at Spring Term, 1871, of Hertford Superior Court. The plaintiff.declared on a single" bill, the execution of which was admitted; the defendants relied upon the pleas, of fully administered and no assets. Upon the trial of these issues the plaintiff offered to show, that at the time of the death of James Buie (the intestate of the defendant, E. A. Martin,) he was seized and possessed of certain real estate which the defendant Martin neglected to sell and convert into assets. The defendant objected to this…
1Opinion of the Court
Read®, J.
The only question is, whether real estate is assets to pay debts before the same has been sold, and the proceeds received by the administrator ?
Recent decisions settle the question in the negative. 64 N. C. R., Fike v. Green, and the cases there cited.
It may be, that in a case oí negligence the administrator would be liable on his bond for not obtaining license and selling ; but that is not before us.
There is error.
Pee Cueiam. Venire ele novo.
2Cited by2 opinions
- Wilson v. . BynumSupreme Court of North Carolina · 1885
- Hawkins v. . CarpenterSupreme Court of North Carolina · 1883