Roberts v. . Roberts
Supreme Court of North Carolina
This was a bill filed prior to the adoption of the new Constitution and the Code of Civil Procedure, in the Court of. Equity for the County of Caldwell, for the purpose of having the sale of two tracts of land, sold by the defendant Thomas Roberts, as the administrator of his father, William Roberts, set aside upon the ground of fraud, and that he had, through an agent, purchased at his own sale.
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This was a bill filed prior to the adoption of the new Constitution and the Code of Civil Procedure, in the Court of. Equity for the County of Caldwell, for the purpose of having the sale of two tracts of land, sold by the defendant Thomas Roberts, as the administrator of his father, William Roberts, set aside upon the ground of fraud, and that he had, through an agent, purchased at his own sale. The defendants filed their answers, to which the plaintiffs put in a replication, and much testimony was taken on both sides. The cause came on for hearing before his Honor, Mitchell, J., at the last…
1Opinion of the CourtReade, J.
We are satisfied that the defendant Thomas Roberts, administrator of William Roberts, contrived to have the lands of the estate sold by himself, as administrator and commissioner, to make the proceeds assets, fraudulently for the purpose of buying the lands himself.
In his petition for the order of sale, he overstated the amount of the debts of the estate by nearly double, and he- described the lands so as to conceal from the Court their value. There was really but $47.13 of debts to be paid, and two of the tracts sold for $48. And there was no need to sell the home tract, which brought $445,…
2Cited by5 opinions
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