Mauney v. Pemberton
Supreme Court of North Carolina
Motion for Summary Judgment, heard before Buxton, J. at Spring Term, 1876, of Montgomery Superior Court. The plaintiff is the administrator of Thomas Stokes, who died intestate in 1874. Proceedings were regularly instituted in the Probate Court for the sale of the intestate’s land to make assets, and the plaintiff was directed by the Court to sell said land upon a credit.
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Motion for Summary Judgment, heard before Buxton, J. at Spring Term, 1876, of Montgomery Superior Court. The plaintiff is the administrator of Thomas Stokes, who died intestate in 1874. Proceedings were regularly instituted in the Probate Court for the sale of the intestate’s land to make assets, and the plaintiff was directed by the Court to sell said land upon a credit. The defendant, Pem-berton, became the purchaser of one tract of said land and executed his note with the other defendants as sureties, for the payment of the purchase money. The note falling due and remaining unpaid, the…
1Opinion of the CourtBynum, J.
1. No authority is cited or good reason shown why a sale of land for assets, made by an administrator, pursuant to the judgment of the Court of Probate, in a special proceeding therein instituted for that purpose, is not a judicial sale, as much as a sale for partition or any other purpose, previous to the adoption of the present Constitution. The sale made by the administrator was a judicial sale.
2. By force of chap. 31, sec. 129, of the Rev. Code, the Courts ordering a judicial sale may, on motion after ten days notice, &c., enter judgment as soon as the money may become due, &c. This…
2Cases cited2 opinions
- State v. . CunninghamSupreme Court of North Carolina · 1875
- Stafford, Adm'r, C. v. . Harris, Guardian, CSupreme Court of North Carolina · 1875
3Cited by11 opinions
- Pieper v. City of ScottsbluffNebraska Supreme Court · 1964
- Long v. . JarrattSupreme Court of North Carolina · 1886
- Stadelman v. MinerOregon Supreme Court · 1916
- Spencer v. . CredleSupreme Court of North Carolina · 1889
- Lord v. . BeardSupreme Court of North Carolina · 1878
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