Stafford, Adm'r, C. v. . Harris, Guardian, C
Supreme Court of North Carolina
This was a petitioN in the canse to be allowed to amend the original petition, heard before his Honor Judge Albertson, at Chambers in PasquotaNK county. The petition was originally filed before the Judge of Probate, and the amendment allowed by him.
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This was a petitioN in the canse to be allowed to amend the original petition, heard before his Honor Judge Albertson, at Chambers in PasquotaNK county. The petition was originally filed before the Judge of Probate, and the amendment allowed by him. The petition involving the interests of infants the Judge of Probate transmitted the papers to the Judge of the Court, who confirmed the order made in the Probate Court, from which judgment the defendants in the original petition appealed. All the material facts, pertinent to the points decided, are fully stated in the opinion of the court.
1Opinion of the Court
ByNüm, J.
The plaintiff as administrator, instituted special proceedings in the Probate Court against the defendants, who are the infant heirs of the intestate, for the sale of a tract of land to make assets for the payment of debts. The petition for that purpose contained the following description of the land : “ One tract of land in Pasquotank county containing 90 or 100 acres, more or less, adjoining the lands of Prank Jennings, Lowry Davis Sam’l Rhodes and C. L. Whitehurst.” The defendant answered, admitting the necessity of the sale, •and an order of sale made as prayed for. The…
2Cited by3 opinions
- Spencer v. . CredleSupreme Court of North Carolina · 1889
- Mauney v. PembertonSupreme Court of North Carolina · 1876
- Mauney v. . PembertonSupreme Court of North Carolina · 1876