Evans Ad'm'r v. . Singletary
Supreme Court of North Carolina
Petition by an administrator to sell land, before Jones, J, upon a motion in the case, at Pall Term 1868, of the Superior Court of Pitt. The petition had been filed by the plaintiff to August Term 1866 of the County Court of Pitt. In the course of the proceedings a sale was made to the defendant, which upon the report of the administrator, was confirmed. Thereupon it was ordered that the money should be collected when due, and title made.
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Petition by an administrator to sell land, before Jones, J, upon a motion in the case, at Pall Term 1868, of the Superior Court of Pitt. The petition had been filed by the plaintiff to August Term 1866 of the County Court of Pitt. In the course of the proceedings a sale was made to the defendant, which upon the report of the administrator, was confirmed. Thereupon it was ordered that the money should be collected when due, and title made. The note was not paid at maturity, and thereupon suit was brought, and execution issued. Nothing’ having been made under the execution, the plaintiff…
1Opinion of the CourtDice, J.
We regret the necessity of overruling the interlocutory order of his Honor, in the Court below, as it is in accordance with the equity of the matter; but the strict rules of law must be observed in a Court of law.
Previous to the Act of 1846 (Rev. Code ch. 46, s 44 &c.,) an administrator had no power to sell the lands of his intestate to pay debts and charges of administration. The tedious and expensive method of subjecting the real estate of deceased persons to the payment of debts, induced the legislation above referred to.
That Act vested a limited equity jurisdiction upon the subject, in…
2Cited by11 opinions
- State v. BlackSupreme Court of North Carolina · 1950
- Peterson v. . VannSupreme Court of North Carolina · 1880
- Page v. MillerSupreme Court of North Carolina · 1960
- Jackson v. PorterSupreme Court of Oklahoma · 1921
- Perry v. JollySupreme Court of North Carolina · 1963
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