Harris v. . Brown
Supreme Court of North Carolina
Proceeding under Section 941 of The Code to collect notes given by the defendant at a judicial sale made under an order in the case W. P. Williams, administrator of Mrs. M. M. Williams, ex parte. The heirs joined in the application for sale. Among them was an infant, Patrick H. Williams, represented by W. P. Williams, his father, the administrator and also commissioner appointed to conduct the sale.
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Proceeding under Section 941 of The Code to collect notes given by the defendant at a judicial sale made under an order in the case W. P. Williams, administrator of Mrs. M. M. Williams, ex parte. The heirs joined in the application for sale. Among them was an infant, Patrick H. Williams, represented by W. P. Williams, his father, the administrator and also commissioner appointed to conduct the sale. After the order of sale was made, but before the confirmation, one of the heirs, W. B. Withers, a petitioner, died, leaving infant heirs, who were not made parties. The sale took place in 1883 and…
1Opinion of the Court
Eaibcloth, C. J.:
This proceeding is for the purpose of collecting the balance of the purchase price of certain land bought by the defendant, under an order of the Clerk to sell said land for assets in an ex parte petition by the administrator and the heirs, entitled ‘ ‘M. Williams and others ex parte. ” One of the heirs was a minor and appeared by his guardian and next friend, who was the administrator of the intestate, and was appointed commissioner to sell the land. The sale was made, and approved and confirmed by the Judge of the Superior Court, and a deed ordered to be made as soon as the…
2Cases cited2 opinions
- Syme v. . TriceSupreme Court of North Carolina · 1887
- Everett v. . ReynoldsSupreme Court of North Carolina · 1894