Cain v. . Nicholson
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1877, of Davie Superior Court, before Kerr, J. The plaintiff is the assignee of the distributees and heirs-at-law of one Powell on whose estate Samuel Holman administered and sold the land of his intestate for assets, and it is alleged that he purchased said lands at bis sale through nn agent.
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Civil ActioN tried at Spring Term, 1877, of Davie Superior Court, before Kerr, J. The plaintiff is the assignee of the distributees and heirs-at-law of one Powell on whose estate Samuel Holman administered and sold the land of his intestate for assets, and it is alleged that he purchased said lands at bis sale through nn agent. After action brought, Holman died and the defendant was •qualified as his executor, and made a party to this action, which was brought to ■ have said Holman declared a trustee of said land for the benefit of plaintiff, and for an account •of his said administration of…
1Opinion of the CourtEaircloth, J.
(After stating the facts as above.) It has been frequently decided that the evidence in writing should accompany the report, so that the appellant may have the findings of the Neferee reviewed, or that he may file exceptions before the Court if they have not been taken before the Referee. Mitchell v. Walker, 2 Ire. Eq., 621; Faucett v. Mangum, 5 Ire. Eq., 53; Green v. Castlebury, 70 N. C., 20.
On the argument in this Court the defendant raises the question of jurisdiction, and says this proceeding should commence before the Probate Court where legacies and distributive shares are recoverable.…
2Cases cited2 opinions
- Green v. CastleburySupreme Court of North Carolina · 1874
- Oliver v. . WileySupreme Court of North Carolina · 1876
3Cited by2 opinions
- State Ex Rel. Commissioners of Wake v. MagninSupreme Court of North Carolina · 1881
- Green v. . CastleburySupreme Court of North Carolina · 1874