March v. . Berrier
Supreme Court of North Carolina
Cause removed from the Court of Equity of Davidson County, at the Spring Term 1850. Henderson Wilson died indebted beyond the amount of his personal estate, and leaving an only child, Sarah Ann, an infant, to whom several tracts of land descended from her father.
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Cause removed from the Court of Equity of Davidson County, at the Spring Term 1850. Henderson Wilson died indebted beyond the amount of his personal estate, and leaving an only child, Sarah Ann, an infant, to whom several tracts of land descended from her father. In 1844, upon the application of the infant’s guardian, one piece of land was sold under a decree of the Court of Equity by the Clerk and Master, and the proceeds, $1891, brought into Court: and under the direction of the Court, the sum of @1251 36 was applied in discharge of the costs of the residue of the father’s debt. The…
1Opinion of the CourtRuffin, C. J.
When a Court of Equity orders a sale of the real estate of an infant, in order to raise money for a particular purpose, it would not, upon its own principles and independent of any provision by statute, allow its decree to affect the right of succession to a surplus remaining after answering that purpose. Themoney stands for the land, of which it was the proceeds. That principle, however, has been rendered yet more obligatory by the legislative sanction in the acts of 1812, 1818, and 1827. Rev. Stat. ch. 54, secs. 36, 27, and ch. 85, secs. 7, 8. Accordingly, it has been held, that, when the…
Also in this document: Per curiam.
2Cited by3 opinions
- State Ex Rel. Lafferty v. YoungSupreme Court of North Carolina · 1899
- State Ex Rel. Allison v. RobinsonSupreme Court of North Carolina · 1878
- Brown v. CowperSupreme Court of North Carolina · 1957