In Re Ausborn
Supreme Court of North Carolina
Motion before the Clerk of the Superior Court of Washington County for execution against J. H. Hoff to enforce the payment of a charge on land in Hoff’s possession alleged to have been made against it in favor of a parcel of land allotted to plaintiffs in partition proceeding. The motion was refused by the Clerk whose ruling was reversed by his Honor, Brown, J., at Chambers, and the defendant Hoff appealed.
1Opinion of the Court
Montgomery, J.:
The plaintiffs served a notice on the defendant on the 8th of November, 1897, that he show cause why venditioni exponas should not issue against a tract of land in his possession to satisfy a charge upon it in favor of the plaintiff. The notice was based upon the following facts alleged: That about the year 1881, in the Probate Court of Washington County, proceedings were begun by the heirs at law of Allen E. Ausborn and the plaintiffs, the latter representing their deceased father who was one of the heirs, to have partition made of a tract of land belonging to the intestate;…
2Cases cited2 opinions
- Ex Parte WalkerSupreme Court of North Carolina · 1890
- Sutton v. . EdwardsSupreme Court of North Carolina · 1848
3Cited by3 opinions
- Newsome v. . HarrellSupreme Court of North Carolina · 1915
- Ex parte SmithSupreme Court of North Carolina · 1904
- Smith Ex ParteSupreme Court of North Carolina · 1904