Ellis v. . Adderton
Supreme Court of North Carolina
Special Psoceeding commenced before the clerk and heard at- Fall Term, 1882, of DavidsoN Superior Court, before Gktdger, J. The plaintiff, administrator of Andrew Hunt, finding the indebtedness of the estate of the intestate very large, and the personal property in hand wholly inadequate to its discharge, filed his petition against the heirs-at-law for the sale of certain lands, consisting of five town lots and a tract of 186 acres, therein particularly described, and which,…
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Special Psoceeding commenced before the clerk and heard at- Fall Term, 1882, of DavidsoN Superior Court, before Gktdger, J. The plaintiff, administrator of Andrew Hunt, finding the indebtedness of the estate of the intestate very large, and the personal property in hand wholly inadequate to its discharge, filed his petition against the heirs-at-law for the sale of certain lands, consisting of five town lots and a tract of 186 acres, therein particularly described, and which, it is alleged, “were embraced in a deed .of conveyance signed by Andrew Hunt, as the petitioner is advised, is void and…
1Opinion of the Court
Smith, C. J.,
after stating the above. It does not appear that the purchaser in his life-time desired to repudiate and be relieved of his contracts, upon the ground a&signed by the defendant, and as the consideration of the notes enures alone to the benefit of himself and his heir or heirs, and the defendant is a surety, merely, with no other interest in the lands except their being-looked to as a means of payment, his right to set up a defence open to the purchaser is not entirely free from doubt.
But waiving the point, as all the facts in reference to the antecedent conveyances and the…
2Cases cited2 opinions
- The Monte AllegreSupreme Court of the United States · 1824
- Shields v. . AllenSupreme Court of North Carolina · 1877
3Cited by4 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Gibson v. LambethCourt of Appeals of North Carolina · 1987
- Brown v. BookerCourt of Appeals of North Carolina · 1996