Carlton v. Byers
Supreme Court of North Carolina
Civil action-, Special proceeding for the sale of land to pay debts, heard and determined by his Honor, Judge Mitchell, at Spring Term, 1873, of the Superior Court of Ieedsll county. The defendants excepted to the rulings of the Judge on the trial below, and appealed, from his Honor’s order, for the sale of the lands, as prayed in the complaint of the plaintiff's.
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Civil action-, Special proceeding for the sale of land to pay debts, heard and determined by his Honor, Judge Mitchell, at Spring Term, 1873, of the Superior Court of Ieedsll county. The defendants excepted to the rulings of the Judge on the trial below, and appealed, from his Honor’s order, for the sale of the lands, as prayed in the complaint of the plaintiff's. In regard to this point, the only one noticed in this Court, all the facts necessary to an understanding 'thereof, are set out in the opinion of Justice Read®.
1Opinion of the CourtRbadb, J.
James S. Byers died in in 1863, leaving personal .property enough to -pay all -his debts, which, however, be bequeathed to divers persons. And his executor, Washington Byers, delivered over the pro.perty-to the legatees, without paying the debts. In 1870, the executor was removed, and the plaintiff, Carlton was appointed administrator de honis non, •with the will annexed, and brought this action for license to *692sell the real estate of the testator, which had been devised to the defendants. The defendants resisted the order of salo upon the grounds,
1. That it appeared from the complaint that…
2Cited by3 opinions
- Tulburt v. . HollarSupreme Court of North Carolina · 1889
- Lilly v. . WooleySupreme Court of North Carolina · 1886
- Clement v. . CozartSupreme Court of North Carolina · 1890