Formeyduval v. . Rockwell
Supreme Court of North Carolina
AotioN tried at July Term, 1895, of ColuMbus Superior Court, before Hobinson, Judge. Proceedings to sell land for assets to pay debts of intestate of plaintiff.
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AotioN tried at July Term, 1895, of ColuMbus Superior Court, before Hobinson, Judge. Proceedings to sell land for assets to pay debts of intestate of plaintiff. A jury trial was waived, and, by consent, the Judge found the facts as follows : “That H. C. Rockwell died intestate, in the year 1874, and that J. W. Ellis qualified as administrator on the estate of the said Rockwell, March 4th, 1874. That said Ellis died on the 10th May, 1883, and the plaintiff qualified as administrator de bonis non on the 5th September, 1893. That at Spring Term, 1876, in the Superior Court of Columbus County,…
1Opinion of the Court
Faiecloth, C. J. :
II. C. Rockwell died intestate in 1874 and J. W. Ellis qualified as administrator on the estate. In 1893 the plaintiff qualified as his successor d. b. n. In 1876 judgments were entered against the original administrator, who in 1878 filed a petition before the clerk against the minor heirs of the deceased to sell the lands for assets. The heirs, by their guardian, answered the petition admitting the allegations and asking that a homestead be assigned to them. The clerk granted a license to tell the lands, after laying off and assigning homestead and dower to the widow and…
2Cases cited2 opinions
- Littlejohn v. . EgertonSupreme Court of North Carolina · 1877
- Williams v. . WhitakerSupreme Court of North Carolina · 1892
3Cited by8 opinions
- Chadbourn Sash, Door & Blind Co. v. ParkerSupreme Court of North Carolina · 1910
- Cleve v. . AdamsSupreme Court of North Carolina · 1942
- Watters v. . HedgpethSupreme Court of North Carolina · 1916
- Barnes v. . CherrySupreme Court of North Carolina · 1925
- In re WoodardDistrict Court, E.D. North Carolina · 1899
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