Haywood v. Haywood
Supreme Court of North Carolina
Civil Action,- in the nature of a Creditor’s Bill brought by a creditor of the estate of defendant’s testatrix, and heard, upon a motion by plaintiff for an injunction to restrain proceedings in a special proceeding brought by the defendant in the Probate Court for a sale of his testatrix real estate to make assets, at Spring Term, 1878, of "Wake Superior Court, before Seymour, J. His Honor decided that the action was prematurely brought by plaintiff, and denied the motion…
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Civil Action,- in the nature of a Creditor’s Bill brought by a creditor of the estate of defendant’s testatrix, and heard, upon a motion by plaintiff for an injunction to restrain proceedings in a special proceeding brought by the defendant in the Probate Court for a sale of his testatrix real estate to make assets, at Spring Term, 1878, of "Wake Superior Court, before Seymour, J. His Honor decided that the action was prematurely brought by plaintiff, and denied the motion for the injunction, and the plaintiff appealed.
1DissentBynum, J.
The unwisdom of the actof 1876— ’77, under which this action was instituted, must be self-evident and apparent to all. Confessedly, every relief to which the plaintiff may be entitled in this Court is equally and more speedily attainable in the Court of Probate. The plaintiff in this Court can place herself on no higher ground *45than as a creditor in a creditor’s bill; for in Ballard v. Kilpatrick, 71 N. C. 281, it is held that every, action brought in the Probate Court to recover a debt against an administrator, is necessarily a creditor’s bill, as all the creditors must be brought in and…
Also in this document: Concurrence.
2Cases cited1 opinion
- Ballard v. . KilpatrickSupreme Court of North Carolina · 1874