Hyman v. . Jarnigan
Supreme Court of North Carolina
This was a petition filed by the plaintiff as administrator for the sale of the land of his intestate for the payment of his debts, before the Judge of Probate, for the County of Heedebsoe. Such proceedings were had that the land was sold, the sale confirmed and a deed ordered to be made to the purchaser, which was done before the purchase money was paid.
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This was a petition filed by the plaintiff as administrator for the sale of the land of his intestate for the payment of his debts, before the Judge of Probate, for the County of Heedebsoe. Such proceedings were had that the land was sold, the sale confirmed and a deed ordered to be made to the purchaser, which was done before the purchase money was paid. Afterwards, some of the heirs applied to Judge Caimon, at the last Spring Term of the Superior Court of the County, and moved to set aside the sale upon the ground that the land had been sold at a very inadequate price. The purchaser…
1Opinion of the CourtDick, J.
The proceedings in this case are very irregular, and the sale of the land, and the order upon which it was made ought to be set aside — but the appellants have not chosen the proper remedy.
A petition by an administrator to sell land for the purpose of paying debts, is a special proceeding and belongs to the original jurisdiction of the Probate Court.
Parties injured by such proceedings ought to apply to the Judge of Probate for relief, and if he refuses to act in the matter, or acts erroneously, an appeal will lie to the Judge of the District.
According to the transcript there are many errors…
2Cited by8 opinions
- Baker v. Carter.Supreme Court of North Carolina · 1900
- Burton v. SmithSupreme Court of North Carolina · 1926
- Welch v. . WelchSupreme Court of North Carolina · 1927
- Burton v. . SmithSupreme Court of North Carolina · 1926
- Shearin v. . Hunter, Adm'r.Supreme Court of North Carolina · 1875
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