Barnes v. . Fort
Supreme Court of North Carolina
Special PROCEEDING, finally beard by Bond, J., at May Term, 1915, of WayNe. It appeared tbat Caesar Fort, intestate of plaintiff, died on 8 November, 1911, leaving a will and appointing an executor thereof, who failed to qualify, and, thereupon, the plaintiff was duly appointed administrator c. i. a.
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Special PROCEEDING, finally beard by Bond, J., at May Term, 1915, of WayNe. It appeared tbat Caesar Fort, intestate of plaintiff, died on 8 November, 1911, leaving a will and appointing an executor thereof, who failed to qualify, and, thereupon, the plaintiff was duly appointed administrator c. i. a. At the time of his death there were two judgments docketed against intestate in favor of Sauls & Ormond, each for $95, one having been rendered on 23 December, 1898, docketed in Superior Court the same day, and the other rendered in the Superior Court on 16 April, 1900. These judgments were…
1Opinion of the Court
"Waíkeb., J.,
after stating the case: It may be well questioned whether an appeal will lie at this stage of the proceedings, the order of sale and the ruling of Judge Bond being interlocutory. It does not clearly appear whether there are debts other than the two judgments in suit, but it is to be inferred from the allegations of the petition to sell the land, and recitals in the order of sale, that there are. Judge Bond simply passed upon tbe statute of limitations as to these two judgments, and rendered no final judgment. However, following tbe course taken in Best v. Best, 161 N. C., 513, we…
2Cases cited17 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- Holden v. . StricklandSupreme Court of North Carolina · 1895
- Murchison v. . WilliamsSupreme Court of North Carolina · 1874
- Lytle v. . LytleSupreme Court of North Carolina · 1886
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3Cited by8 opinions
- Southern Dairies, Inc. v. BanksCourt of Appeals for the Fourth Circuit · 1937
- Reid v. BristolSupreme Court of North Carolina · 1955
- Lupton v. . EdmundsonSupreme Court of North Carolina · 1941
- Williams v. JohnsonSupreme Court of North Carolina · 1949
- Cheshire v. . DrakeSupreme Court of North Carolina · 1943
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