Legal Opinion

Glover v. . Flowers

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 6 opinions

This was a special proceeding, commenced in the Superior Court of Wilson county, on the 24th of August, 1881, for license to sell for assets, certain real estate, which it. was alleged, the intestate Bennett Flowers had conveyed with intent to defraud his creditors. The widow and heirs-at-law of the intestate and those claiming under the alleged fraudulent conveyance were made parties defendant.

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This was a special proceeding, commenced in the Superior Court of Wilson county, on the 24th of August, 1881, for license to sell for assets, certain real estate, which it. was alleged, the intestate Bennett Flowers had conveyed with intent to defraud his creditors. The widow and heirs-at-law of the intestate and those claiming under the alleged fraudulent conveyance were made parties defendant. The debt, for the payment of which it was sought to subject the land, was evidenced by a note, under seal, for $800, executed by the intestate to Wra. Peele, guardian, on the 26th of May, 1860. The…

1Opinion of the CourtMerkimoN, J.

The estate in the hands of the administrator and his successor, the present plaintiff, must be dealt with, administered and settled, according to the law, as it prevailed prior to the first day of July, 1869, except “ as to the Courts having jurisdiction of any action or proceeding for the settlement of an administration, or the practice and procedure therein.” The statute, (The Code, §1433), so expressly provides. Little v. Duncan, 89 N. C., 416; Gaither v. Sain 91 N. C., 304.

The note sued upon was under seal and executed on the 26th day of May, 1860, and came due before March, 1868.…

2Cases cited3 opinions

  1. Rogers v. . GrantSupreme Court of North Carolina · 1883
  2. Gaither v. . SainSupreme Court of North Carolina · 1884
  3. Little v. . DuncanSupreme Court of North Carolina · 1883

3Cited by6 opinions

  1. Woodcock v. Bostic.Supreme Court of North Carolina · 1901
  2. Brittain v. . DicksonSupreme Court of North Carolina · 1889
  3. Glover v. . FlowersSupreme Court of North Carolina · 1888
  4. Love v. . IngramSupreme Court of North Carolina · 1889
  5. Southern Ry. Co. v. Greensboro Ice & Coal Co.U.S. Circuit Court for the District of Eastern North Carolina · 1904

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