Shearin v. . Hunter, Adm'r.
Supreme Court of North Carolina
This was a Petition to set aside a decree of sale, made by the Probate Court, upon the petition of Zachariah E. Shearin, administrator of John P. Shearin. The facts in the case are as follows : On the 29th of March, 1872, Zachariah ,E. Shearin filed a petition in the Probate Court of Warren county, for the sale of a tract of land, of which his intestate died seized, for the payment of his debts.
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This was a Petition to set aside a decree of sale, made by the Probate Court, upon the petition of Zachariah E. Shearin, administrator of John P. Shearin. The facts in the case are as follows : On the 29th of March, 1872, Zachariah ,E. Shearin filed a petition in the Probate Court of Warren county, for the sale of a tract of land, of which his intestate died seized, for the payment of his debts. On the 14th of November, a decree was made for the sale ot the tract of land which decree was afterwards twice renewed with slight modifications. Afterwards, to-wit, on the 22d day of March, 1874, no…
1Opinion of the CourtSettle, J.
The defendant as administrator de bonis non on the estate of John P. Shearin, after petition, and decree to sell the lands of his intestate for the payment of debts, exposed the same to sale on the 6th of April, 1874, when Mr. Foote bid off the same, (819 acres), at the price of fourteen hundred and ten dollars. It is admitted that Foote bid off the land at the request of the administrator and for his benefit.
The sixth paragraph of the defendants answer is as follows :
“ The defendant further says that he reported the said H. A. Foote, as the purchaser, whom the defendant had enabled to comply…
2Cases cited1 opinion
- Hyman v. . JarniganSupreme Court of North Carolina · 1871
3Cited by4 opinions
- Pearson v. . PearsonSupreme Court of North Carolina · 1946
- Wahab v. . SmithSupreme Court of North Carolina · 1880
- Stradley v. . KingSupreme Court of North Carolina · 1881
- Pace v. Raleigh.Supreme Court of North Carolina · 1905