Tillett v. . Aydlett
Supreme Court of North Carolina
Special PROCEEDING to sell land for assets, commenced before the clerk and heard on appeal at Fall Term, 1883, of PasquotaNK Superior Court, before Avery, J. The defendants appealed from the judgment of the court below.
1Opinion of the CourtMekrimoN, J.
The plaintiff is the administrator da bonis non with the will annexed of Nathan Overman, and brought this proceeding to sell land of the testator to make assets to pay debts. The clerk of the superior court made a decree, directing a sale of certain parts of the real estate of the decedent. It was insisted by a |)arty to the action, that the clerk had no authority to designate any particular tract or part of the land to be sold, and appealed: to the judge of that court. Upon appeal, the judge decided “that the clerk of the court had not the lawful right to designate any particular tract of…
2Cited by2 opinions
- Williams v. JennetteCourt of Appeals of North Carolina · 1985
- Tillett v. . AydlettSupreme Court of North Carolina · 1885