Legal Opinion

McCauley v. . McCauley

Supreme Court of North Carolina

Decided May 24, 1898PublishedCited by 18 opinions

Civil action pending in Orange Superior Court and heard before Robinson, J., at Chambers in Durham on 25th January, 1898, on a motion to set aside a judgment which the clerk of the Court assumed to enter therein against the defendants. The motion was allowed and plaintiff appealed.

1Opinion of the Court

Fukches, J.:

Matthew McCauley died intestate in the county of Orange, June, 1890, and M. A. McCauley administered on his estate. There being a deficiency of personal assets to pay debts and costs of administration, the administrator instituted a special proceeding in the Superior Court of Orange, before the clerk, for license to sell land for assets. The children and heirs of said intestate answered, admitting that there was not a sufficiency of personal assets to pay debts, but alleged that the said intestate before his death had conveyed all the lands described in plaintiff’s complaint to…

2Cases cited4 opinions

  1. Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
  2. Harrison v. . HargroveSupreme Court of North Carolina · 1897
  3. Green v. . BallardSupreme Court of North Carolina · 1895
  4. Bragg v. . LyonSupreme Court of North Carolina · 1885

3Cited by18 opinions

  1. Ridge Community Investors, Inc. v. BerrySupreme Court of North Carolina · 1977
  2. Keen v. ParkerSupreme Court of North Carolina · 1940
  3. Clark v. . HomesSupreme Court of North Carolina · 1925
  4. High v. PearceSupreme Court of North Carolina · 1941
  5. Keen v. . ParkerSupreme Court of North Carolina · 1940

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