W. D. Smith & Co. v. Pipkin
Supreme Court of North Carolina
Special Proceeding commenced in the Probate Court, and heard on appeal at Spring Term, 1878, of Harnett Superior Court, before Moore, J. This proceeding was instituted to compel the defendant guardian of Lewis Pipkin, a lunatic, to sell his ward’s real estate to pay a debt alleged to be due the plaintiffs, — an account of $224.65 for necessaries furnished said guardian, and for the sum of $416.41, contracted before the lunacy, and alleged to have been paid by plaintiff's at…
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Special Proceeding commenced in the Probate Court, and heard on appeal at Spring Term, 1878, of Harnett Superior Court, before Moore, J. This proceeding was instituted to compel the defendant guardian of Lewis Pipkin, a lunatic, to sell his ward’s real estate to pay a debt alleged to be due the plaintiffs, — an account of $224.65 for necessaries furnished said guardian, and for the sum of $416.41, contracted before the lunacy, and alleged to have been paid by plaintiff's at the request of said guardian. In the Probate Court an issue of fact was raised and the case transferred to the Superior…
1Opinion of the CourtBynum, J.
Blake v. Respass, 77 N. C. 198, is conclusive authority that Courts of Probate have no power to provide for the payment of the debts of the lunatic, contracted prior to the lunacy, that is, assuming that the debts have been established against the lunatic. But in this case the guar dian denies the existence of the debt, or that the lunatic owes the plaintiffs anything, but avers that they, the plaintiffs, are indebted to him. The question of debt or no debt is not a proper one for the determination of the Court of Probate in respect to a lunatic more than in respect to a sane person. It is…
2Cases cited1 opinion
- Womble v. . FrapsSupreme Court of North Carolina · 1877
3Cited by6 opinions
- Adams v. . ThomasSupreme Court of North Carolina · 1879
- McLean v. BreeceSupreme Court of North Carolina · 1893
- Adams v. . ThomasSupreme Court of North Carolina · 1880
- McLean v. . BreeceSupreme Court of North Carolina · 1893
- Rexford v. Brunswick-Balke-Coldender Co.Court of Appeals for the Fourth Circuit · 1910
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