Legal Opinion

Dickey v. . Dickey

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 3 opinions

PetitioN by plaintiff for sale of land of his decedent for-assets, pending in CirEROKEE Superior Court and heard by Robinson, J., at Pall Term, 1895, of said court, on appeal from a judgment of the clerk denying a motion of J. Johnson, a creditor of the estate, to be made a party plaintiff' with the administrator. His Horror reversed the order of the clerk, and plaintiff appealed.

1Opinion of the Court

Montgomery, J.:

There was pending in the superior court of Cherokee county, before the clerk, proceedings instituted by Dickey, administrator of Dickey, against the heirs-at-law of petitioner’s intestate, for the sale of the-real estate of the intestate, the proceeds to constitute assets for the payment of his debts. The clerk had made two-orders or decrees of sale, the former of date December, 1886, and embracing a part only of the reai estate of the intestate, and the latter dated June, 1889, embracing the-remainder. The administrator had complied with the first order only partially, and…

2Cited by3 opinions

  1. Irvin v. . HarrisSupreme Court of North Carolina · 1921
  2. Strickland v. Strickland.Supreme Court of North Carolina · 1901
  3. Rawles v. . CarterSupreme Court of North Carolina · 1896

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