Hudson v. . Coble
Supreme Court of North Carolina
Civil ACTION, tried before Clark, Judge, at February-Term, 1886, of Guilford Superior Court. The plaintiffs, administrators of William Hudson, finding the personal estate of the deceased insufficient, instituted, in association with his heirs at law, a proceeding against the widow in the Superior Court before the clerk, for a decree of sale of a tract of land of about 90 acres, owned by him at the time of his decease, and its conversion into assets to pay his debts and the…
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Civil ACTION, tried before Clark, Judge, at February-Term, 1886, of Guilford Superior Court. The plaintiffs, administrators of William Hudson, finding the personal estate of the deceased insufficient, instituted, in association with his heirs at law, a proceeding against the widow in the Superior Court before the clerk, for a decree of sale of a tract of land of about 90 acres, owned by him at the time of his decease, and its conversion into assets to pay his debts and the charges of administration. The widow, at first demanding that her dower be assigned to her therein, came to an agreement…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). We concur with the Judge in the opinion that the action cannot be maintained, and that if the plaintiffs, (if they, instead of the heirs, are entitled to recover the loss,) have misconceived the mode of reaching the fund, in resorting to an independent action, the proper remedy must be sought in a proceeding in the cause,.and to this end the first bid should have been accepted by the Court, and the contract thus consummated. That this is the course to be pursued in equity is not disputed by appellants’ counsel, and is fortified fully by precedents. Nor…
2Cases cited2 opinions
- Council v. . RiversSupreme Court of North Carolina · 1871
- Murrill v. . MurrillSupreme Court of North Carolina · 1881
3Cited by13 opinions
- Marsh v. . NimocksSupreme Court of North Carolina · 1898
- Gilliam v. . SandersSupreme Court of North Carolina · 1930
- Crawford v. . AllenSupreme Court of North Carolina · 1920
- Elliott v. ShulerU.S. Circuit Court for the District of Western North Carolina · 1892
- Byerly v. DelkSupreme Court of North Carolina · 1958
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