Davis v. . Perry
Supreme Court of North Carolina
Special Proceeding, hoard upon issues joined before the clerk, by Ciarlo, Judge, at Fall Term, 1886, of Carteret Superior Court. It appears that Benjamin L. Perry died on the 25th day of July, 1869, in the county of Carteret, leaving a last will, which was duly proven on the 7th of July, 1870, and on the 26th of the same month, the defendant B. L. Perry and John M. Perry (the latter now deceased,) qualified as executors thereof.
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Special Proceeding, hoard upon issues joined before the clerk, by Ciarlo, Judge, at Fall Term, 1886, of Carteret Superior Court. It appears that Benjamin L. Perry died on the 25th day of July, 1869, in the county of Carteret, leaving a last will, which was duly proven on the 7th of July, 1870, and on the 26th of the same month, the defendant B. L. Perry and John M. Perry (the latter now deceased,) qualified as executors thereof. On the 25th of July, 1870, Benjamin L. Perry and John L. Perry, devisees'in the will mentioned, purported by deed to convey for a valuable consideration to Isaac…
1Opinion of the Court
Merrimon J.,
(after stating the facts). The devisees who sold the land in question to Isaac Ramsey, had the title to it by virtue of the devise in the will to them, and their deed operated to convey the title to him. The executors of the will and the creditors had no lien upon the land of the testator ; they only had the right, in the absence of personal assets of the testator sufficient to pay the debts and costs of administration, to resort to the land to make assets to pay such deficit. Nor, more particularly, had the plaintiffs or the defendant executor any statutory lien, nor lien created…
2Cases cited1 opinion
- Badger v. . DanielSupreme Court of North Carolina · 1878
3Cited by8 opinions
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Cox v. . WrightSupreme Court of North Carolina · 1940
- Andres v. PowellSupreme Court of North Carolina · 1887
- Bunn v. . ToddSupreme Court of North Carolina · 1894
- United States v. MinorCourt of Appeals for the Fourth Circuit · 1916
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