Hinton v. . Whitehurst
Supreme Court of North Carolina
Civil ActiON, motion to confirm the report of a referee, heard by Albertson, J., at the Spring Term, 1874, of Pasquo-TANK Superior Court. At January Term, 1873, of this Court, this case was remanded, for the purpose of ascertaining upon a reference the interest of each of the heirs- in the lands, the subject of the controversy in this suit. The referee reported certain facts, upon which his Honor gave judgment; from which judgment the plaintiff being dissatisfied, appealed.
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Civil ActiON, motion to confirm the report of a referee, heard by Albertson, J., at the Spring Term, 1874, of Pasquo-TANK Superior Court. At January Term, 1873, of this Court, this case was remanded, for the purpose of ascertaining upon a reference the interest of each of the heirs- in the lands, the subject of the controversy in this suit. The referee reported certain facts, upon which his Honor gave judgment; from which judgment the plaintiff being dissatisfied, appealed. The substance of the facts reported and the decree of hi’& Honor, is fully stated in the opinion of Justice Rodman.
1Opinion of the CourtRodMAN, J.
The plaintiff is a creditor of Davis Whitehurst, deceased, to the sum of $2,972.52, bearing interest, &c. The defendants are the heirs of the deceased, five in number, and certain lands descended to- them.
The personal estate having bee» lost by the result of the war, it was held (68 N. C. Rep., 316,) upon the facts that the creditor was entitled to proceed against the heirs in respect of the lands descended. In I860 partition was made between the heirs. Afterwards, at various dates, some of the heirs sold their respective shares. The prices obtained differed considerably, some being less, and…
2Cases cited2 opinions
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1873
- Moore v. . ShieldsSupreme Court of North Carolina · 1873
3Cited by12 opinions
- Lilly v. . WooleySupreme Court of North Carolina · 1886
- Glover v. . FlowersSupreme Court of North Carolina · 1888
- Hinton v. . Whitehurst, Adm'r. .Supreme Court of North Carolina · 1875
- Shell v. West.Supreme Court of North Carolina · 1902
- Coggins v. FlytheSupreme Court of North Carolina · 1893
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