E. S. Badger v. . Maria L. Jones and J. W. B. Watson
Supreme Court of North Carolina
.Petition to make real estate assets. This was a petition filed by the plaintifi as administrator de bonin non, before the Judge of Probate of Wake county against the heir at law and J. W. E. Watson, a purchaser of the real estate of which the intestate died seized, seeking to make the said real estate assets for the payment of debts. The Judge of Probate entered judgment against the defendant.
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.Petition to make real estate assets. This was a petition filed by the plaintifi as administrator de bonin non, before the Judge of Probate of Wake county against the heir at law and J. W. E. Watson, a purchaser of the real estate of which the intestate died seized, seeking to make the said real estate assets for the payment of debts. The Judge of Probate entered judgment against the defendant. He appealed to the Superior Court, where the case was beard before Watts, Judge, at a special Term of W ake Superior Court in. January, 1872. The parties agreed upon the following statement of facts :…
1Opinion of the CourtDick, J.
The sale of the land to Watson was made by the heir at law within two years after the death of the intestate, and is void as against creditors and the administrator. Rev. Code, eh. 46, see 61. Acts 1868-’69, ch. 113, see 105.
The creditors were under no obligation to receive payment from the former administrator, as the currency of the country at that time was so greatly depreciated.
The rights of an administrator de bonis non relate back to the death of the intestate, and he is bound only by such lawful acts of the previous administrator, as were done in a due course of administration of the…
2Cases cited1 opinion
- Tate v. . PoweSupreme Court of North Carolina · 1870
3Cited by9 opinions
- Grant v. . ReeseSupreme Court of North Carolina · 1886
- Smith v. BrownSupreme Court of North Carolina · 1888
- Brittain v. . DicksonSupreme Court of North Carolina · 1889
- Smith v. . BrownSupreme Court of North Carolina · 1888
- Donoho v. . PattersonSupreme Court of North Carolina · 1874
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