Tuck v. . Walker
Supreme Court of North Carolina
This was a civil actios, tried at February Term, 1889, of the Superior Court of PersoN County, before Bynum, J. There was an appeal from an order overruling a demurrer. The complaint, demurrer and judgment are as follows: The plaintiff alleges— 1. That on the 31st of December, 1878, W. A. Lemlie obtained and had docketed in the Superior Court of Person Countjr a judgment against N. N. Tuck and W. PI.
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This was a civil actios, tried at February Term, 1889, of the Superior Court of PersoN County, before Bynum, J. There was an appeal from an order overruling a demurrer. The complaint, demurrer and judgment are as follows: The plaintiff alleges— 1. That on the 31st of December, 1878, W. A. Lemlie obtained and had docketed in the Superior Court of Person Countjr a judgment against N. N. Tuck and W. PI. Winstead for $3,206.66, and the plaintiff Ida T. Tuck became the assignee thereof for value, which said judgment is due and unpaid. W. PI. Winstead died on the_day of_, and _was appointed his…
1Opinion of the CourtAvery, J.
after stating the facts: When it becomes necessary to sell the real estate of a decedent to make assets, The Code, § 1446 provides, in explicit terms, that the Court may decree a sale of “all real estate that deceased may have conveyed with intent to defraud his creditors, and all rights of entry and rights of action, and all other rights and interests in lands, tenements or hereditaments, which he might devise, or by law would descend to his heirs,” and the language has been sp construed by this Court. Mannix v. Ihrie, 76 N. C., 299; Heck v. Williams, 79 N. C., 437.
It is well settled that,…
2Cases cited7 opinions
- Wilson v. . PearsonSupreme Court of North Carolina · 1889
- Sawyers v. . SawyersSupreme Court of North Carolina · 1885
- Mauney v. . HolmesSupreme Court of North Carolina · 1882
- Williams v. . WeaverSupreme Court of North Carolina · 1886
- Heck v. . WilliamsSupreme Court of North Carolina · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Holden v. . StricklandSupreme Court of North Carolina · 1895
- Henderson County v. OsteenSupreme Court of North Carolina · 1977
- Price v. . AskinsSupreme Court of North Carolina · 1937
- Moore v. . JonesSupreme Court of North Carolina · 1946
- Hobbs v. CashwellSupreme Court of North Carolina · 1910
6 more not listed; retrieve them via the Exa API.