Bunn v. . Todd
Supreme Court of North Carolina
Civil actioN to subject the proceeds of a sale of land to the payment of the debts of a decedent, heard before Hoke, J., at February Term, 1894, of Wake Superior Court, upon the following agreed statement of facts: At October Term, 1889, of the Superior Court of Wake County, Elvada Bunn brought an action against M. G. Todd, administrator of James Todd, and the heirs at law of James Todd, to recover the sum of $500 which James Todd in his lifetime held as trustee of Elvada…
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Civil actioN to subject the proceeds of a sale of land to the payment of the debts of a decedent, heard before Hoke, J., at February Term, 1894, of Wake Superior Court, upon the following agreed statement of facts: At October Term, 1889, of the Superior Court of Wake County, Elvada Bunn brought an action against M. G. Todd, administrator of James Todd, and the heirs at law of James Todd, to recover the sum of $500 which James Todd in his lifetime held as trustee of Elvada Bunn. At April Term, 1892, a judgment was rendered in favor of the plaintiff for $922, and in the said judgment it was…
1Opinion of the Court
Shepherd, C. J.:
The sale of the land by M. G. Todd, one of the heirs at law of James Todd, having been made more than two years after the grant of letters of administration, for value and without notice, was valid as to the purchaser, and it is now sought to subject the proceeds of such sale in the hands of the said heir to the payment of the outstanding indebtedness of the estate.
It is insisted by counsel that the proceeds in such cases cannot be so subjected, and that the liability of the heir is personal only. Although this question was not the distinct ground of^decision in Winfield v.…
2Cases cited3 opinions
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- State ex rel. Utilities Commission v. EdmistenSupreme Court of North Carolina · 1985
- Winfield v. . BurtonSupreme Court of North Carolina · 1878
3Cited by5 opinions
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- Lee v. . GilesSupreme Court of North Carolina · 1913
- Nissen v. . Mining CompanySupreme Court of North Carolina · 1889
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Thomas v. Carteret CountySupreme Court of North Carolina · 1921