Chambers v. . Penland
Supreme Court of North Carolina
MotioN for an Injunction heard'at Eall Term, 1877, of Buncombe Superior Court, before Schenck, J. On the 13th day of July, 1869, the plaintiff as administrator of John Brigman, filed his petition in the Probate Court of Buucombe County, against the heirs at law of the intestate for license to sell for assets certain lands which had descended to them.
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MotioN for an Injunction heard'at Eall Term, 1877, of Buncombe Superior Court, before Schenck, J. On the 13th day of July, 1869, the plaintiff as administrator of John Brigman, filed his petition in the Probate Court of Buucombe County, against the heirs at law of the intestate for license to sell for assets certain lands which had descended to them. All the defendants except Kelsy Brigman, who was then a non-resident, accepted service of the summons, and it was duly returned to Court. Of the defendants, six were infants of the respective ages-of 20,18, 16, 14, 12 and 10 years, and service…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) We are of opinion that the injunction was properly refused.
The summary mode of proceedings adopted to enforce payment of the debt is authorized by law, under au express adjudication in this Court. Rev. Code ch. 31 § 129; Mauney v. Pemberton 75 N. C. 219.
The general guardian is the proper person on whom process against infant defendants should be served, and it is his-duty to protect their interest in the suit. Bat. Rev. C. C. P. § 59.
If there were such irregularities in the preliminary proceedings as to impair the title to the land derived under the…
2Cases cited1 opinion
- Mauney v. PembertonSupreme Court of North Carolina · 1876
3Cited by9 opinions
- Abernethy Land & Finance Co. v. First Security Trust Co.Supreme Court of North Carolina · 1938
- Long v. . JarrattSupreme Court of North Carolina · 1886
- Lord v. . BeardSupreme Court of North Carolina · 1878
- Parker v. . BledsoeSupreme Court of North Carolina · 1882
- Smith v. Huffman.Supreme Court of North Carolina · 1903
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