Gregory v. . Ellis
Supreme Court of North Carolina
Special Proceeding to sell Land for Assets commenced-in the probate court of Halifax on the 15th of December,. 1879, and heard at Chambers before Seymour, J. The plaintiff is clerk of the superior court and probate judge of Halifax county, and as executor of his testator filed a petition in said probate court to sell land for assets to pay debts.
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Special Proceeding to sell Land for Assets commenced-in the probate court of Halifax on the 15th of December,. 1879, and heard at Chambers before Seymour, J. The plaintiff is clerk of the superior court and probate judge of Halifax county, and as executor of his testator filed a petition in said probate court to sell land for assets to pay debts. The defendants moved to dismiss the proceeding, for that, the plaintiff being the judge of the court had -no jurisdiction to hear a case in which he was interested. The motion was overruled and the defendants appealed to the judge-of the superior…
1Opinion of the CourtDillabd, J.
George W. Owens domiciledin Halifax county,, left at his death a will, wherein John T. Gregory was named. the executor, and being under disqualification to act as probate judge in the matter of the proving and admitting the will to record, by order of the judge of the district the probate was had before the probate judge of the adjacent county of Northampton.
Afterwards in the course of the administration of the ■estate, the plaintiff as executor presented a petition for license to sell land for assets to pay debts in the probate ■court of Halifax of which he was the judge, and from the ruling…
2Cited by8 opinions
- White v. . ConnellySupreme Court of North Carolina · 1890
- Ponder v. DavisSupreme Court of North Carolina · 1951
- Kendall v. . StaffordSupreme Court of North Carolina · 1919
- Holmes v. . CarrSupreme Court of North Carolina · 1913
- Investment Company v. . Wooten Wooten v. . Trust Co.Supreme Court of North Carolina · 1930
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