Legal Opinion

Foushee v. . Durham

Supreme Court of North Carolina

Decided January 5, 1881PublishedCited by 7 opinions

Special Proceeding to sell land for assets commenced in the probate court and heard on exceptions to a referee’s report, at Spring Term, 1880, of Chatham Superior Court, before Seymour, J. The heirs at law of the plaintiff’s intestate, James Edwards, appealed from the judgment of the court below.

1Opinion of the CourtSmith, C. J.

The plaintiff, administrator of James Edwards, finding the personal estate insufficient, applied for and obtained leave to sell and convert into assets for the payment of debts certain real estate of his intestate which is described in the petition. The sale took place on July 3rd, 1876, when the defendant, Andrew J. Riggsbee, became the purchaser at the price of $2,242, for which sum he executed his bond with surety. The intestate was indebted to. Riggsbee in the amount of $800, which with a small sum paid in money was credited on the bond. The sale was reported and confirmed by the court,…

2Cases cited3 opinions

  1. Mebane v. . MebaneSupreme Court of North Carolina · 1879
  2. Brown v. . CobleSupreme Court of North Carolina · 1877
  3. Latta v. . VickersSupreme Court of North Carolina · 1880

3Cited by7 opinions

  1. Joyner v. Futrell.Supreme Court of North Carolina · 1904
  2. Dula v. . SeagleSupreme Court of North Carolina · 1887
  3. Patillo v. . LytleSupreme Court of North Carolina · 1911
  4. Davis v. . PierceSupreme Court of North Carolina · 1914
  5. In Re DickersonSupreme Court of North Carolina · 1892

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