Carson v. . Oates
Supreme Court of North Carolina
Order, made in the course of supplemental proceedings, (0. 0. P. Tit. xi, c. 2,) by Logan,at Chambers, Meck-lenburg Court, December 1869. The facts were that the plaintiff, a resident of this State, had recovered judgment, still pending, against the defendant as administrator of one Brawley Oates, who died a resident of Florida, in 1864; that one Spratt, resident in Mecklen-burg county, had possession of a certificate, issued to the deceased, for 36 shares in the Charlotte &…
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Order, made in the course of supplemental proceedings, (0. 0. P. Tit. xi, c. 2,) by Logan,at Chambers, Meck-lenburg Court, December 1869. The facts were that the plaintiff, a resident of this State, had recovered judgment, still pending, against the defendant as administrator of one Brawley Oates, who died a resident of Florida, in 1864; that one Spratt, resident in Mecklen-burg county, had possession of a certificate, issued to the deceased, for 36 shares in the Charlotte & S. C. E. E. Company, and this was the only assets which could be found applicable the debt; but Spratt refused to make…
1Opinion of the CourtDick, J.
“ If a citizen of another country dies indebted to citizens of this country, and owns personal property heré, we appropriate it to the payment of his creditors in the order required by our law, and not that of his domicil.” Moye v. May, 8 Ire. Eq., 131. In order to make this appropriation, an administrator must be appointed in this State, and it is his duty to collect the assets, and dispose of them in the payment of debts in the order required by our law. A creditor of the intestate cannot collect the assets, and ap~ ply them in satisfaction of Ms debt to tbe prejudice of other creditors,…
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