Wordsworth v. . Davis
Supreme Court of North Carolina
MotioN, in the cause heard before Schenck, J., at Fall Term, 1875, of Mecklenburg Superior Court. The record upon appeal discloses the following CASE AGREED : James H. Davis, late of Mecklenburg County, died in the year 1867, intestate, and at October Term of said year the defendant administered upon his estate.
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MotioN, in the cause heard before Schenck, J., at Fall Term, 1875, of Mecklenburg Superior Court. The record upon appeal discloses the following CASE AGREED : James H. Davis, late of Mecklenburg County, died in the year 1867, intestate, and at October Term of said year the defendant administered upon his estate. The estate of the intestate proving largely insolvent, the plaintiffs filed a Creditor’s Bill in Equity, returnable to Fall Term, 1868, to-have the assets of the estate marshalled, the realty sold and the proceeds distributed equitably among the creditors. At Spring Term, 1869, an…
1Opinion of the CourtByNum, J.
In a creditor’s bill seeking payment out of assets in a course of administration, the first inquiry is as to the debt. If there is any question, about that, the Court will require the parties to establish their right at law before proceeding to administer the estate, and to enable them to do so will sometimes retain the bill with liberty to bring an action or submit an issue to the jury. But if the facts are before the Court so that it can be seen that the petitioning creditor is not entitled to relief, the Court will not put the parties to the expense and useless formality of submitting an…
2Cases cited1 opinion
- Overman v. . GrierSupreme Court of North Carolina · 1874
3Cited by12 opinions
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- Speer v. . JamesSupreme Court of North Carolina · 1886
- Dobson v. . SimontonSupreme Court of North Carolina · 1885
- Dobson v. . SimontonSupreme Court of North Carolina · 1882
- Smith v. . SummerfieldSupreme Court of North Carolina · 1891
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