Jones v. . Hemphill
Supreme Court of North Carolina
Special Peoceeding commenced in the Probate Court and, upon issues of law raised by the pleadings, transferred to and heard at Spring Term, 1877, of PERSON Superior ■Court, before Cox, J. The purpose of the proceeding was to subject the land of the plantiff’s intestate to the payment of his debts. The ■defendants filed a demurrer which His Honor overruled, and gave judgment that an order issue to the ptlaintifi7 to sell the land. From which the defendants appealed.
1Opinion of the CourtFaiRCLOth, J.
"When an executor or administrator applies to the Clerk of the Superior Court for license to sell land for assets, and an issue of law or fact is joined between the parties, the course of procedure shall be as prescribed in other special proceedings. B.at. Rev. ch. 45, § G5.
When an issue of law shall be joined on the pleadings before the Clerk, he shall send a copy of the record to the Judge of the Court by mail or otherwise for hearing and decision by him, who shall transmit his decision in writing to to the Clerk of the Court, and the parties on notice may proceed thereafter according to…
2Cases cited1 opinion
- McBryde v. . PattersonSupreme Court of North Carolina · 1875
3Cited by4 opinions
- Capps v. . CappsSupreme Court of North Carolina · 1881
- Spencer v. . CredleSupreme Court of North Carolina · 1889
- Cheatham v. . CrewsSupreme Court of North Carolina · 1879
- Thompson v. . ShamwellSupreme Court of North Carolina · 1883