Hardee v. . Williams
Supreme Court of North Carolina
This was a special proceeding by an administrator for tbe purpose of obtaining an order to sell land for tbe payment of tbe debts of bis intestate, commenced in tbe Court of Probate for tbe County of Halifax. A question of law having arisen in tbe course of tbe proceedings, it was sent to bis Honor Judge Watts, wbo having decided in favor of tbe plaintiff, tbe defendants appealed to tbe Supreme Court.
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This was a special proceeding by an administrator for tbe purpose of obtaining an order to sell land for tbe payment of tbe debts of bis intestate, commenced in tbe Court of Probate for tbe County of Halifax. A question of law having arisen in tbe course of tbe proceedings, it was sent to bis Honor Judge Watts, wbo having decided in favor of tbe plaintiff, tbe defendants appealed to tbe Supreme Court. Tbe case will be found to be sufficiently stated in tbe opinion •of tbe Court.
1Opinion of the CourtEodmah, J.
This is an action commenced in the Probate Court of Halifax, in which the plaintiff, Hardee, as administrator of J. E. J. Daniel, alleging that the personal estate of his intestate is insufficient to pay his debts, and that he was seized at his death of a certain piece of land called the “Eich Neck Farm,” demands judgment that the plaintiff be allowed to sell the same to pay the debts.
The heirs-at-law of the intestate either consent to the sale or make no answer. .
The defendant, El E. Williams, answers and pleads as an estoppel, to-wit: that he is administrator of W. A. Daniel? who died…
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