Blake v. . Respass
Supreme Court of North Carolina
MotioN to dismiss Supplemental Proceedings, heard at «Chambers in Washington, Beaufort County, on the 16th of May, 1877, before Eure, J. The plaintiff is the owner of a judgment for $1500 obtained in 1870, against the defendant Isaiah Respass, who has since Recome a lunatic, and the other defendant, J. T. Respass has been duly appointed his guardian.
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MotioN to dismiss Supplemental Proceedings, heard at «Chambers in Washington, Beaufort County, on the 16th of May, 1877, before Eure, J. The plaintiff is the owner of a judgment for $1500 obtained in 1870, against the defendant Isaiah Respass, who has since Recome a lunatic, and the other defendant, J. T. Respass has been duly appointed his guardian. Executions-were issued upon this judgment, upon one of which, a small part of the judgment was made ; but upon the last execution, the return was made- — “Nothing to be found in excess-of homestead and personal property exemption. ” - Under the…
1Opinion of the Court
ByNüm, J.
(After stating the facts as above.) Tbe ground of the' motion is, that supplementary proceedings do not lie against a lunatic in aid of an execution. That is the question before us.
The argument of the defendants is, that original jurisdiction over lunatics and their estates is conferred by our law upon the Courts of Probate, and it was not competent therefore for the Superior Court to lake jurisdiction. See Bat. Rev. ch. 57.
By the common law as well as by statute 17 Edward II, ch. 10, which was only declaratory of the common law, the King as parens patries .took charge of the effects…
2Cases cited1 opinion
- McAden v. . HookerSupreme Court of North Carolina · 1876
3Cited by8 opinions
- In Re the Trusteeship of KenanSupreme Court of North Carolina · 1964
- Smith v. . WitterSupreme Court of North Carolina · 1917
- Adams v. . ThomasSupreme Court of North Carolina · 1879
- Adams v. . ThomasSupreme Court of North Carolina · 1880
- McIlhenny v. Wilmington Savings & Trust Co.Supreme Court of North Carolina · 1891
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