Wilson v. . Leigh
Supreme Court of North Carolina
Appeal from an interlocutory order of the Court of Equity of Perquimans County, at the Spring Term, 1845, his Honor Judge Battle presiding, by wbicb a demurrer filed by the defendant to the plaintiff’s bill, was overruled, and the defendant ordered to answer over. The case made in the bill is, that the defendant is the executor of John H. Blount, and as such, sold Ms personal estate at public sale ; and that he procured one.
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Appeal from an interlocutory order of the Court of Equity of Perquimans County, at the Spring Term, 1845, his Honor Judge Battle presiding, by wbicb a demurrer filed by the defendant to the plaintiff’s bill, was overruled, and the defendant ordered to answer over. The case made in the bill is, that the defendant is the executor of John H. Blount, and as such, sold Ms personal estate at public sale ; and that he procured one. Benjamin Skinner to bid for the crop of corn that was then growing, and to purchase the same for him, Leigh ; and that he returned an account of sales of the estate, to…
1Opinion of the CourtRuffin, C. J.
If the crop was still growing, when the trial at law took place, it is probable it might be reached at law by a scire facias on the judgment quando, and there would be no necessity for resorting to this Court Mara v. Quin, 6 T. R. 10. It does not appear in the bill how the fact was, as^ it ought, properly speaking. But we take it for granted, that the crop had been gathered and sold the second time, for the advanced price mentioned in the bill. Still, we think the bill cannot be sustained.
There is no doubt that creditors may come into a Gourt of Equity against executors, or against them and…
Also in this document: Per curiam.
2Cited by1 opinion
- Fowler v. . WebsterSupreme Court of North Carolina · 1917