Skinner v. . Wood
Supreme Court of North Carolina
Will-- Construction of— Power of Executor to Sell Land. Civil aotioN tried at Pall Term, 1876, of Chowan Superior Court, before J&ure, J. The only question presented by the ease agreed, for the-decision .of this court, is, whether .the will of John Skinner gave to his Executors the power to sell the land in dispute.. The opinion .delivered by Mr. Justice Rodman contains a-sufficient statement of the facts.
Read the full summary
Will-- Construction of— Power of Executor to Sell Land. Civil aotioN tried at Pall Term, 1876, of Chowan Superior Court, before J&ure, J. The only question presented by the ease agreed, for the-decision .of this court, is, whether .the will of John Skinner gave to his Executors the power to sell the land in dispute.. The opinion .delivered by Mr. Justice Rodman contains a-sufficient statement of the facts. His Honor, in the court below was of opinion that the Executors had the power to sell the land; and it appearing. thatthesalewasma.de in good faith and that the amount, was a fair price, he…
1Opinion of the CourtRidman, J.
1. This action is by Joseph H. Skinner to' recover a piece of land. The defendants are C. M. Wood, W. C. Wood and Lavinia Skinner. The complaint alleges that the plaintiff and the said Lavinia are the heirs of John Skinner, deceased, and own the land by inheritance from him, and .that the defendants Wood (not including Lavinia) are in possession and wrongfully -withhold it from plaintiff.. No reason is stated why Lavinia is not made a party plaintiff or why she is made a defendant. As she is not in possession, no judgment can be recovered against her in this action. As it appears by the…
2Cited by3 opinions
- Miller Ex-ParteSupreme Court of North Carolina · 1884
- Chandler v. ThompsonSupreme Court of New Jersey · 1901
- Braun v. MullerNew Jersey Court of Chancery · 1942