Smith v. Brown
Supreme Court of North Carolina
Administration — Sale of Land for Assets — Statute of Limitations — Judg ment— Merger. This is a special proceeding to sell lands to make assets. Issues of fact being joined, a trial by jury was waived, and the cause was heard before Connor, J., at October Term, 1887, of RobissoN Superior Court.
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Administration — Sale of Land for Assets — Statute of Limitations — Judg ment— Merger. This is a special proceeding to sell lands to make assets. Issues of fact being joined, a trial by jury was waived, and the cause was heard before Connor, J., at October Term, 1887, of RobissoN Superior Court. Reuben King died early in 1869, leaving a will, which was admitted to probate in the County of Robeson, wherein he resided, and William J. Brown, the sole executor therein named, qualified as such. He proceeded with his administration until, for cause shown, and without having completed it, he was, on…
1Opinion of the Court
Smith, 0. J.,
(after stating the case). The right to bring this action accrued to the plaintiff on his appointment to office, on December 23d, 1880, and the action was begun on December 2d, 1881, less than a year afterwards; so it is not barred by the statute of limitations as against the removed executor, according to the rulings in Lawrence v. Norfleet, 90 N. C., 533, and Worthy v. McIntosh, Ibid., 536.
As, however, this defendant has no property out of which a recovery against him for waste and mismanagement of the trust estate could be satisfied, the recourse to the devised land is the sole…
2Cases cited8 opinions
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Bevers v. . ParkSupreme Court of North Carolina · 1883
- Latham v. . BellSupreme Court of North Carolina · 1873
- Syme v. . BadgerSupreme Court of North Carolina · 1887
- E. S. Badger v. . Maria L. Jones and J. W. B. WatsonSupreme Court of North Carolina · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Best v. . BestSupreme Court of North Carolina · 1913
- Brittain v. . DicksonSupreme Court of North Carolina · 1889
- Corbey v. RogersIndiana Supreme Court · 1899
- Barnes v. . FortSupreme Court of North Carolina · 1915
7 more not listed; retrieve them via the Exa API.