Pegram v. . Armstrong
Supreme Court of North Carolina
Appeal from an Order made at Fall Term, 1879, of Gas-ton Superior Court, by Buxton, I The executors of Larkin Stowe qualified in 1857, and as such, sold the property and got in all the assets and paid off, it is alleged, all the debts of their testator, except a large debt to one Wilson now owned by the plaintiff, Pegram, and one other in favor of defendant Armstrong as administrator of J. N. Ford, on a guardian bond on which Larkin Stowe was a surety.
Read the full summary
Appeal from an Order made at Fall Term, 1879, of Gas-ton Superior Court, by Buxton, I The executors of Larkin Stowe qualified in 1857, and as such, sold the property and got in all the assets and paid off, it is alleged, all the debts of their testator, except a large debt to one Wilson now owned by the plaintiff, Pegram, and one other in favor of defendant Armstrong as administrator of J. N. Ford, on a guardian bond on which Larkin Stowe was a surety. Both of these debts were reduced to judgment against the executors of Larkin Stowe at the same term of the court,, and they filed' their…
1Opinion of the Court
Dillard, J.,
after stating the case. The appeal presents the points, that the superior court had not jurisdiction of the action, and if it had, then it was error in the court to continue the injunction conditionally'-, and make an order of account of the assets and debts against the estate. The superior court had jurisdiction of the action. By article four, section twelve of the amended constitution, the legislature was empowered to redistribute and apportion jurisdiction', not belonging to the supreme court, among all the other courts then existing or thereafter created as they should deem…
2Cases cited5 opinions
- Haywood v. HaywoodSupreme Court of North Carolina · 1878
- Ransom v. . McCleesSupreme Court of North Carolina · 1870
- Patterson v. . Miller, Adm'r. C.Supreme Court of North Carolina · 1875
- Southal v. . ShieldsSupreme Court of North Carolina · 1879
- Ballard v. . KilpatrickSupreme Court of North Carolina · 1874
3Cited by11 opinions
- Hancock Bros. & Co. v. WootenSupreme Court of North Carolina · 1890
- State v. . McCanlessSupreme Court of North Carolina · 1927
- Settle v. Settle.Supreme Court of North Carolina · 1906
- Yarborough v. . MooreSupreme Court of North Carolina · 1909
- State Ex Rel. Carr v. AskewSupreme Court of North Carolina · 1886
6 more not listed; retrieve them via the Exa API.