Dancy v. . Pope
Supreme Court of North Carolina
Civil action, in the nature of a bill of interpleader, heard before Cloud, J., at the Special (January) Term, 1873, of Halifax Superior Court.
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Civil action, in the nature of a bill of interpleader, heard before Cloud, J., at the Special (January) Term, 1873, of Halifax Superior Court. The facts involved in this case, as found by the Judge of Probate of Halifax county, and the issues of law joined thereon and sent to the Judge of the Superior Court to be determined, and which boar on the decision jmade by this Court, are substantially as follows : Jacob Higgs, a citizen of Halifax county, died intestate in the year 1866, leaving a considerable estate, real and personal. At the February Sessions of the County Court, 1867, of said…
1Opinion of the CourtPearson, C. J.
This is an action in the nature of a bill of interpleader, in which the administrator brings the fund into Court, and asks that it may be distributed under the advice of the Court according to the rights of the judgment creditors, all of whom are made party defendants. It differs from “ a creditor’s bill ” only in the particular, that in such a bill the debts are to be ascertained and paid in a due course of administration, where, as in this action, the debts have already been ascertained by judgment, and the only question is in regard to the legal priority ;of the judgments.
Upon the…
Also in this document: Per curiam.
2Cited by4 opinions
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