Finger v. . Finger
Supreme Court of North Carolina
Exceptions to an account in equity, before Logan, J7., at Fall Term 1869 of Lincoln Court. Tbe plaintiffs, by tbeirbill, alleged, that they were beirs at law of Henry Finger, wlio bad died in 1863, and that the defendant was his administrator; that the defendant had, upon his qualification in 1863, taken into possession several valuable slaves and other personal property; that he had sold the personal property other than slaves, for Confederate monej'', had retained the…
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Exceptions to an account in equity, before Logan, J7., at Fall Term 1869 of Lincoln Court. Tbe plaintiffs, by tbeirbill, alleged, that they were beirs at law of Henry Finger, wlio bad died in 1863, and that the defendant was his administrator; that the defendant had, upon his qualification in 1863, taken into possession several valuable slaves and other personal property; that he had sold the personal property other than slaves, for Confederate monej'', had retained the slaves until they were emancipated, and that having thus wasted the personalty, he had recently filed a petition for the…
1Opinion of the CourtBodmas, J.
The bill in this case prays an injunction against a sale by the administrator, of certain lands of the deceased, under an order of sale obtained in the County Court, as upon a deficiency of personal assets, to pay the debts of the deceased: it alleges that the order in the County Court was obtained without the service of notice on two of the heirs, which would be ground for setting the order aside on motion in the County Court, or in the court to which that order has been transferred. A sale would not pass the estates of those who were not made parties by a service of process, and obviously…
2Cited by8 opinions
- Wilson v. . PearsonSupreme Court of North Carolina · 1889
- Shields v. . McDowellSupreme Court of North Carolina · 1880
- W. J. Sprinkle v. . E. Nye HutchinsonSupreme Court of North Carolina · 1872
- Wilson v. . BynumSupreme Court of North Carolina · 1885
- Austin v. Austin.Supreme Court of North Carolina · 1903
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