Patterson v. . Miller, Adm'r. C.
Supreme Court of North Carolina
Special proceedings by creditors against an administrator, commenced before the Probate Judge of Mecklenburg county and heard upon appeal by his Houor Judge So/ienclc, at Chambers, on the llth day of January, 1875. The material facts are stated in the opinion of the Court. Ero'm the decree made by his Honor on the hearing, the plaintiffs appealed.
1Opinion of the CourtPearson, C. J.
This is a special proceeding by a creditor against the administrator of a debtor, under the act 1871-72. See Battle’s Revisal, chapter 45, section 73.
This statute institutes a proceeding cTiffering from any that had ever before been used either in courts of law or in courts of equity for the purpose of compelling the settlement of the estates of deceased persons, and is a necessary sequence to the change of the law, by which creditors are to be paid pro rata.
This special proceeding differs widely from a creditors hill; the one is a suit in equity, brought before the chancellor, by a creditor,…
2Cited by12 opinions
- Wachovia Bank & Trust Co. v. SchneiderSupreme Court of North Carolina · 1952
- City of Durham v. DavisSupreme Court of North Carolina · 1916
- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
- Mordecai v. DevereuxSupreme Court of North Carolina · 1876
- In Re Will of HowellSupreme Court of North Carolina · 1933
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