Wharton v. . Wilkerson
Supreme Court of North Carolina
This was a special proceeding tried before Graves, Judge, at Fall Term, 1884, of Beaufort Superior Court. The proceeding was commenced before the Clerk of the Superior Court of Beaufort county by a petition filed in said court by R. W. Wharton, administrator de bonis non of James W. Gaylord, deceased, against the defendants to sell certain lands descended from him to his heirs to make assets for the payment of the debts of the deceased.
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This was a special proceeding tried before Graves, Judge, at Fall Term, 1884, of Beaufort Superior Court. The proceeding was commenced before the Clerk of the Superior Court of Beaufort county by a petition filed in said court by R. W. Wharton, administrator de bonis non of James W. Gaylord, deceased, against the defendants to sell certain lands descended from him to his heirs to make assets for the payment of the debts of the deceased. The petition was filed by the plaintiff against the defendants Eveline Wilkerson, James W. Gaylord, J. F. Latham, W. P. Flynn, Thomas H. Privett, E. P. Brooks…
1Opinion of the CourtAshe, J.
(after stating the facts). The only question presented by the appeal in this case, is whether there was error in the conclusion of the law and the judgment as announced by His Honor in the court below, “That the Superior Court in Term time had no jurisdiction to grant the motion of E. B. Wilkerson in regard to George D. Olds and Lewis Latham, made in this cause. That a motion in the cause is not the proper remedy,” and the judgment of the Court that “the motion be denied and that said Olds and Latham go, without day, and recover their reasonable costs on said motion to be taxed.”
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2Cases cited2 opinions
- Brittain v. . MullSupreme Court of North Carolina · 1884
- Battle v. . DuncanSupreme Court of North Carolina · 1884
3Cited by2 opinions
- Jones v. . DesernSupreme Court of North Carolina · 1886
- Loftin v. . RouseSupreme Court of North Carolina · 1886