Winfield v. . Burton
Supreme Court of North Carolina
Civil ActioN, tried at January Special Term, 1878, of Halifax Superior Court, before Schench, J. The plaintiff alleged that on the 6th of November, 1871, the defendant’s intestate (Edward Conigland) and H. J. Hervey executed to John T. Gregory, receiver, &c., two notes for $330 each, and payable, on the 6th of November, 1872 and ’73 respectively; that before this action was brought they were by order of the Court assigned to one J. J. Daniel, who for value assigned them to…
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Civil ActioN, tried at January Special Term, 1878, of Halifax Superior Court, before Schench, J. The plaintiff alleged that on the 6th of November, 1871, the defendant’s intestate (Edward Conigland) and H. J. Hervey executed to John T. Gregory, receiver, &c., two notes for $330 each, and payable, on the 6th of November, 1872 and ’73 respectively; that before this action was brought they were by order of the Court assigned to one J. J. Daniel, who for value assigned them to the plaintiff, and that no part thereof has been paid ; wherefore the plaintiff demands judgment, &c. The defendants,…
1Opinion of the CourtRodmaN, J.
At common law the lands of a deceased ancestor in the hands of his heir could not be subjected to-the payment of the simple contract debts of the deceased If however the ancestor had bound himself and his heirs in a bond, the heir might have been sued thereon ; and if he had assets by descent, judgment might have been recovered against him to the value of the assets which he had by descent. This judgment might authorize either a general execution against the defendant as upon his personal debt, or a special execution against the land descended, in which case that alone was liable. An heir…
2Cases cited1 opinion
- Badger v. . DanielSupreme Court of North Carolina · 1877
3Cited by5 opinions
- Hawkins v. . HughesSupreme Court of North Carolina · 1882
- Bunn v. . ToddSupreme Court of North Carolina · 1894
- Heeke v. AllanSupreme Court of Virginia · 1920
- Lackey v. . PearsonSupreme Court of North Carolina · 1888
- Renan v. . BanksSupreme Court of North Carolina · 1880