Overman v. . Grier
Supreme Court of North Carolina
Oivil Aamsr, creditor’s Jbill against the estate of the defend .ant’s intestate, tried on exceptions to the report -of the 'Commissioner, by his Honor, Jiiclge Moore, at the Special (July) Term, 1873, of Meoklenbubg- Superior Court. At Spring Term, 1869, it was referred to E. A. Osborne, the Clerk of the Court, to report the amount of -indebtedness against the estate of Z. N. Grier, the defendant’s intestate.
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Oivil Aamsr, creditor’s Jbill against the estate of the defend .ant’s intestate, tried on exceptions to the report -of the 'Commissioner, by his Honor, Jiiclge Moore, at the Special (July) Term, 1873, of Meoklenbubg- Superior Court. At Spring Term, 1869, it was referred to E. A. Osborne, the Clerk of the Court, to report the amount of -indebtedness against the estate of Z. N. Grier, the defendant’s intestate. After advertising for the creditors to .come in And file their claims, the Clerk made a report, which was excepted toby the-plaintifis, because be had included a debt, as duly owing by…
1Opinion of the CourtPeaesoN, C. J.
This is a “ creditor’s bill” under the old mode of procedure. We find upon an examination of the authorities referred to, Adams’ Eq. 252 (582,) the rule is, where the fund is sufficient, upon a reference to ascertain the debts, a judgment against the executor or administrator on the admission of the debt, is taken as full proof, for the reason that the other creditors are not interested in the matter. But when the fund is «oi sufficient, each creditor is allowed to dispute the debt of any person claiming to be creditor, and the debt must he proved ele novo, before the referee; for in such…
2Cited by3 opinions
- Dobson v. . SimontonSupreme Court of North Carolina · 1882
- Wordsworth v. . DavisSupreme Court of North Carolina · 1876
- Long v. Bank of YanceyvilleSupreme Court of North Carolina · 1881