Brandon v. . Phelps
Supreme Court of North Carolina
SPECIAL PROCEEDING, hoard at Spring Term, 1877, of Cas-well Superior Court, before Cox, J. The plaintiff’s intestate, Thomas L. Gatewood, died in 1855, and Wiley Jones was appointed his administrator, and upon his death, the defendant was appointed administrator d. b. n. and qualified as such in 1876. He then filed a petition in the Probate Court of said County to sell the real estate of his intestate for assets to pay debts, and upon the issues raised in the answer of…
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SPECIAL PROCEEDING, hoard at Spring Term, 1877, of Cas-well Superior Court, before Cox, J. The plaintiff’s intestate, Thomas L. Gatewood, died in 1855, and Wiley Jones was appointed his administrator, and upon his death, the defendant was appointed administrator d. b. n. and qualified as such in 1876. He then filed a petition in the Probate Court of said County to sell the real estate of his intestate for assets to pay debts, and upon the issues raised in the answer of defendants, the case was transferred to the Superior Court for trial. Mary C. Ball, one of the heirs at law of the said…
1Opinion of the CourtFair cloth, J.
Original letters of administration were granted in January, 1855. Letters of administration debonis non on the same estate were granted to the plaintiff in 1876,, and the heir at law in 1871, sold and .conveyed to the defendant some of tire real estate of which plaintiff’s intestate died seized.
The plaintiff’ now applies for a license to sell said real estate for assets to pay debts of his intestate still outstanding. It is properly conceded that if the sale had been made-more than two years after the original letters were granted and before the Act of 1868-’69, ch. 113, the purchaser, the…
2Cited by3 opinions
- Dobson v. . ChambersSupreme Court of North Carolina · 1878
- Orrender v. . CallSupreme Court of North Carolina · 1888
- Renan v. . BanksSupreme Court of North Carolina · 1880