Gregory v. . Ellis
Supreme Court of North Carolina
Special Proceeding, commenced in the probate court and heard at Fall Term, 1881, of Halifax Superior Court, before Qilmer, J. This' was a petition filed by the plaintiff as executor of G. W. Owens, deceased, to sell the real estate of the testator for the payment of his debts.
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Special Proceeding, commenced in the probate court and heard at Fall Term, 1881, of Halifax Superior Court, before Qilmer, J. This' was a petition filed by the plaintiff as executor of G. W. Owens, deceased, to sell the real estate of the testator for the payment of his debts. The petition was filed against the widow and devisees of the testator, setting forth the facts, that the personal estate was insufficient to pay the debts and that the testator was seized and possessed at the time of his death of valuable real estate, consisting of many different lots and tracts of land, some of which…
1Opinion of the Court
Ashe, J.,
after stating the above. The exceptions taken by the defendant are unfounded. It is manifest from the case agreed that all the lands of the testator must be sold to raise assets sufficient to satisfy the debts, except such as are covered by the dower and homestead. The dower has been assigned and the main question is, which of the lands are to be allotted to the defendant for her homestead.
This question has been settled by the decision of this court in the case of Watts v. Leggett, 66 N. C., 197, where Pearson, C. J. in delivering the opinion of the court said: “ If the homestead had…
2Cases cited3 opinions
- Watts v. LeggettSupreme Court of North Carolina · 1872
- McAfee v. . BettisSupreme Court of North Carolina · 1875
- Gamble v. . WattersonSupreme Court of North Carolina · 1880
3Cited by6 opinions
- Williams v. . WhitakerSupreme Court of North Carolina · 1892
- Morrisett v. . FerebeeSupreme Court of North Carolina · 1897
- Barnes v. . CherrySupreme Court of North Carolina · 1925
- Graves v. HinesSupreme Court of North Carolina · 1891
- Graves v. . HinesSupreme Court of North Carolina · 1891
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