Latham v. . Bell
Supreme Court of North Carolina
This was a petition by an administrator de bonis non to sell real estate for the payment of the debts of the intestate. The defendant, Noah Bell, was made a party and opposed the petition, and the case was brought in a regular manner before his Honor, Moore, J., at the Spring Term, 1873, of the Superior Court of Beaufort county, where the following was submitted to him as a case agreed: In the year 1869 Aquilla Davis died intestate, leaving; real property, and also personal…
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This was a petition by an administrator de bonis non to sell real estate for the payment of the debts of the intestate. The defendant, Noah Bell, was made a party and opposed the petition, and the case was brought in a regular manner before his Honor, Moore, J., at the Spring Term, 1873, of the Superior Court of Beaufort county, where the following was submitted to him as a case agreed: In the year 1869 Aquilla Davis died intestate, leaving; real property, and also personal property sufficient to pay his debts. On the 7th December, 1860, R. D. Davis was appointed administrator and took…
1Opinion of the CourtReade, J.
In Badger v. Jones & Watson, 65 N. C. Rep. 305, it is said that “ for devastavit on the part of the previous administrator, the administrator de bonis non ought tore-, cover the value of the goods and effects wasted by an action on the bond of his predecessor.” That is decisive of this. case. It is true that in the case cited the administrator de bonis non was allowed to sell the land without a suit upon the bond for the devastavit of personal property; but that was put expressly on the ground that the sureties to the-bond were insolvent, which is not alleged in the case before us.
There is no…
2Cases cited1 opinion
- State v. . JacksonSupreme Court of North Carolina · 1871
3Cited by14 opinions
- Lee v. . McKoySupreme Court of North Carolina · 1896
- Tulburt v. . HollarSupreme Court of North Carolina · 1889
- Smith v. BrownSupreme Court of North Carolina · 1888
- Brittain v. . DicksonSupreme Court of North Carolina · 1889
- Lilly v. . WooleySupreme Court of North Carolina · 1886
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