Legal Opinion

Johnston v. Cutchin.

Supreme Court of North Carolina

Decided October 6, 1903Published

ActioN by W. H. Johnston, executor, against Margaret A. Cutehin and others, heard by Judge George II. Brown at March Term, 1903, of the Superior Court of Edgecombe County. From ai judgment for the defendants the plaintiffs appealed.

1Opinion of the CourtMoNtgomeey, J.

A judgment was rendered below upon a statement of facts agreed by the parties in a controversy without action under section 567 of The Code. Norfleet Cutchin, at the time of his death and the subsequent qualification of W. II. Johnston as his executor in 1889, was indebted in the sum of about three thousand dollars, incurred for the purchase of the land, secured by a deed of trust upon his tract of land known as the “Nathan Pippin place,” and in various other amounts unsecured. Item 3 of the will of the testator, Norfleet Cutchin, is as follows: “3. The tenth item of the will of the said…

2Cases cited1 opinion

  1. Cutchin v. . JohnstonSupreme Court of North Carolina · 1897

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