Washington v. . Sasser
Supreme Court of North Carolina
Cause removed from the Court of Equity of Wayne County, at the Fall Term 184P. Bill and demurrer. The bill states, that Edward Sasser was indebted to/the plaintiffs respectively in certain sums stated, and that he was seised of certain lands in fee, and died intestate, and the land descended to his children, as his heirs at law, some of whom were and still are infants: that Lewis Sasser, one of his sons, administered on his personal estate, and that the plaintiffs brought…
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Cause removed from the Court of Equity of Wayne County, at the Fall Term 184P. Bill and demurrer. The bill states, that Edward Sasser was indebted to/the plaintiffs respectively in certain sums stated, and that he was seised of certain lands in fee, and died intestate, and the land descended to his children, as his heirs at law, some of whom were and still are infants: that Lewis Sasser, one of his sons, administered on his personal estate, and that the plaintiffs brought several actions against him, in which plene administravit was found for him, but the plaintiffs took judgments for their…
1Opinion of the CourtRuffin, C. J.
Although this is the first time the point arising in this case has been presented to our Courts, yet the principle, bn which the bill is founded, seems to be clearly just, and to be established elsewhere by adjudications.
Rents and profits received by an heir cannot be reached at law : because judgment is given only against the land itself, except when it is against the heir personallyforfal.se pleading. Still as the profits of the land, which came from the debtor, the rents are in conscience applicable to his debts, and the heir ought not to keep them to the hindrance of the creditors. It is…
Also in this document: Per curiam.
2Cited by1 opinion
- Shell v. West.Supreme Court of North Carolina · 1902