Odell v. . House
Supreme Court of North Carolina
Civil ACTION, tried before O. H. Allen, J., and a jury, at October Term, 1906, of tbe Superior Court of Madison County. Plaintiff sues upon certain notes executed by defendants, payable to H. T. Eumbough, tbe consideration being tbe purchase-money of a parcel of land, for tbe conveyance of which, upon payment of the notes, the payee executed a bond.
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Civil ACTION, tried before O. H. Allen, J., and a jury, at October Term, 1906, of tbe Superior Court of Madison County. Plaintiff sues upon certain notes executed by defendants, payable to H. T. Eumbough, tbe consideration being tbe purchase-money of a parcel of land, for tbe conveyance of which, upon payment of the notes, the payee executed a bond. Subsequent to their execution, Eumbough died and his duly appointed administrator made private sale of said notes to the plaintiff, delivering them into his possession. At the trial the plaintiff produced the notes and tendered to the defendants a…
1Opinion of the Court
Connor, J.,
after stating the facts: The case on appeal states that his Honor was of the opinion that the sale of the notes by the administrator was without authority of law and void. We were not favored with any argument or brief by the appellee. We assume that his Honor based his opinion upon the provisions of section 61 of The Code, permitting executors and administrators to apply to the Clerk for an order to sell insolvent evidences of debt and inrescribing the manner of making the sale. This provision is first found in our statutes, in Laws 1868-’69. Prior thereto there was no statute…
2Cases cited4 opinions
- Cox v. First National Bank of WilsonSupreme Court of North Carolina · 1896
- Gray v. . ArmisteadSupreme Court of North Carolina · 1849
- Wynns v. AlexanderSupreme Court of North Carolina · 1838
- Fanshaw v. . FanshawSupreme Court of North Carolina · 1852
3Cited by2 opinions
- Felton v. . FeltonSupreme Court of North Carolina · 1938
- Walker v. . ParkerSupreme Court of North Carolina · 1915