Place v. . Place
Supreme Court of North Carolina
1Opinion of the CourtScheNck, J.
Tbe court below held “That tbe form of tbe issues submitted to tbe jury in tbe other action is not conclusive, but that tbe court should look to tbe real question litigated and decided as shown by tbe pleadings, evidence and charge of tbe court.” In tbis conclusion of bis Honor we concur.
Tbe court further held “That tbe claim of Tempie G. Place in said action was not a creditor’s claim against tbe estate of J. E. Place, but was a claim against the fund representing the proceeds of tbe sale of the bouse and lot held by entireties, to wbicb she claimed the right of survivorship still attached,…
2Cases cited1 opinion
- Williams v. Administrator of McFadyenSupreme Court of North Carolina · 1907
3Cited by1 opinion
- Wilson v. . ErvinSupreme Court of North Carolina · 1947