Woody v. . Smith
Supreme Court of North Carolina
This was a petition by the plaintiff as the administrator-of William A. Britt for the sale of land to pay the debts of the intestate upon which a reference was made to the Clerk for a report, and it came on to be heard before Tourgee, Judge at the Spring Term, 1870, of the Superior Court of Alamance County, upon exceptions by the defendants to the report which was returned. The exceptions were sustained, and the plaintiff appealed.
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This was a petition by the plaintiff as the administrator-of William A. Britt for the sale of land to pay the debts of the intestate upon which a reference was made to the Clerk for a report, and it came on to be heard before Tourgee, Judge at the Spring Term, 1870, of the Superior Court of Alamance County, upon exceptions by the defendants to the report which was returned. The exceptions were sustained, and the plaintiff appealed. A sufficient statement of the case will be found in the opinion of the Court.
1Opinion of the CourtSettle, J.
This was a petition, by the plaintiff, as administrator, to sell the lands of his intestate for the payment of debts, alleging that the personal property had been exhausted and was insufficient for that purpose. The defendants resist it ■upon, the ground that the plaintiff has committed a devastavit, in that he permitted the widow to purchase property, at the sale, at nominal prices. There was a reference to the •Clerk, who reports that many articles sold too low, but he goes on to say ‘‘ from the evidence I am satisfied that the ■administrator was not in fault, he had advertised and gave the…
2Cited by5 opinions
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