McAdoo v. . Thompson .
Supreme Court of North Carolina
This was a OReditok’s bill, heard before Tourgee, J., at Spring Term, 1874, Guileord Superior Court. The bill was filed by the plaintiffs against the administrators and heirs of one Samuel Coble deceased to subject the real estate of the decedent or a portion thereof to sale, for the purpose of paying the debts of the plaintiffs.
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This was a OReditok’s bill, heard before Tourgee, J., at Spring Term, 1874, Guileord Superior Court. The bill was filed by the plaintiffs against the administrators and heirs of one Samuel Coble deceased to subject the real estate of the decedent or a portion thereof to sale, for the purpose of paying the debts of the plaintiffs. When the case was called for trial, those of the defendants who were heirs of the deceased, moved for an order of reference to take an account of the administration of the defendants, David and W. A. Coble, the administrators of the deceased. This motion was resisted…
1Opinion of the Court
ByNüm, J.
The defendants do not deny that the plaintiffs are creditors of the estate, but the answers raise issues between the two sets of defendants, which should be settled before the rights of the plaintiffs are determined. The administrators in their answer, allege that the next of kin sued them upon their administration bond, for the settlement of the estate and the payment of their distributive shares of the estate ; that in said action, an account was taken of the whole estate and of their administration; a final judgment rendered against them in favor of the next of kin, which they…
2Cited by2 opinions
- Suttle v. . DoggettSupreme Court of North Carolina · 1882
- McCanless v. . ReynoldsSupreme Court of North Carolina · 1884