Gamble v. . Watterson
Supreme Court of North Carolina
Special Proceeding commenced in the' probate court and heard on appeal at Spring Term, 1880, of Cleaveland Superior Court, before McKoy, J. The plaintiffs, administrators of R. N. Watterson, not having personal estate of their intestate to pay his debts, applied to the. probate judge for license to sell a tract of land -which, descended to the defendants his heirs at law.
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Special Proceeding commenced in the' probate court and heard on appeal at Spring Term, 1880, of Cleaveland Superior Court, before McKoy, J. The plaintiffs, administrators of R. N. Watterson, not having personal estate of their intestate to pay his debts, applied to the. probate judge for license to sell a tract of land -which, descended to the defendants his heirs at law. The petition alleges the value of the personal' estate to be about $160, and the debts to be some $400, of. which..half were contracted before the adoption of the constitution of 1868, and that the land proposed to be sold…
1Opinion of the CourtSmith, C. J.
The necessity of the sale is apparent, afid Upon the estimates the proceeds thereof will be insufficient to pay the liabilities of the intestate which are paramount to the right of exemption. It was not therefore at all necessary to anticipate a question that may arise in the probate court upon the settlement of the administration and the distribution of the ftlnd among the creditors, and which was not then before the court.
It is true, if the application had been for leave to sell the land, subject to the homestead encumbrance, for the payment of debts subordinate to that right, it would have…
2Cases cited2 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Hinsdale v. . WilliamsSupreme Court of North Carolina · 1876
3Cited by1 opinion
- Gregory v. . EllisSupreme Court of North Carolina · 1882