Turner v. Shuffler
Supreme Court of North Carolina
This was a civil actioN, heard on exceptions to a referee’s report, at Spring Term, 1891, of Burke Superior Court, before Hoke, J. It appears that Christopher Shuffler died intestate in the county of Burke before the 9th day of August, 1877, and that on that day the plaintiff was duly appointed and qualified as administrator of his estate; that his personal estate was of little value; that the debts against his estate aggregated several hundred dollars; that the plaintiff…
Read the full summary
This was a civil actioN, heard on exceptions to a referee’s report, at Spring Term, 1891, of Burke Superior Court, before Hoke, J. It appears that Christopher Shuffler died intestate in the county of Burke before the 9th day of August, 1877, and that on that day the plaintiff was duly appointed and qualified as administrator of his estate; that his personal estate was of little value; that the debts against his estate aggregated several hundred dollars; that the plaintiff applied for and obtained a license to sell certain real estate of his intestate, called the “ Mill Property” to make…
1Opinion of the Court
MekrimoN, C. J.:
The order of reference was entered by consent of the parties, and the Court below, in all respects pertinent and material here, approved the findings of fact by the referee. It is not objected that there was no evidence to warrant such findings. Indeed, there was some. That it is not the province of this Court to review such findings of fact, is well settled by many decisions.
Regularly and properly, the defendants could not attack, collaterally, in this proceeding, the sale of the land made in the former special proceeding mentioned above to make assets to pay debts. That…
2Cases cited6 opinions
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
- Bevers v. . ParkSupreme Court of North Carolina · 1883
- Smith v. . FortSupreme Court of North Carolina · 1890
- Proctor v. . ProctorSupreme Court of North Carolina · 1890
- Love v. . IngramSupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Allen v. SeaySupreme Court of North Carolina · 1958
- Denton v. . TysonSupreme Court of North Carolina · 1896
- State Ex Rel. Stonestreet v. FrostSupreme Court of North Carolina · 1898
- Rackley v. . RobertsSupreme Court of North Carolina · 1908
6 more not listed; retrieve them via the Exa API.