Tripp v. Nobles.
Supreme Court of North Carolina
Action by W. IT. Tripp against S. J. Nobles and others, beard by Judge M. II. Justice and a jury, at March Term, 1904, of tire Superior Court of Pitt County. This is a petition filed by the plaintiff, executor of Mary Nobles, deceased, for license to sell her real estate to make assets for the payment of her debts. The defendants are her heirs at law. The petition contains the usual averments prescribed by the statute in such cases.
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Action by W. IT. Tripp against S. J. Nobles and others, beard by Judge M. II. Justice and a jury, at March Term, 1904, of tire Superior Court of Pitt County. This is a petition filed by the plaintiff, executor of Mary Nobles, deceased, for license to sell her real estate to make assets for the payment of her debts. The defendants are her heirs at law. The petition contains the usual averments prescribed by the statute in such cases. The defendant, S. J. Nobles, filed an answer to the petition, denying the material averments therein. The Clerk, upon the coming in of the answer, transferred the…
1DissentWalker, J.
Tbe facts of this case are well stated in tbe opinion of tbe majority of tbe Court, as written by Mr. Justice Gonnor, and it is not necessary therefore to repeat them here. I do not differ with my brethren of tbe majority in their understanding of tbe facts, but their views and mine are not at all in accord as to tbe law applicable to those facts. They think, and have so decided, that a case *107of election is presented, which deprives the widow of her land, while I do not — my opinion being that the law did not compel her to part with her valuable property in ex-, change for the paltry sum of…
2Cases cited9 opinions
- Allen v. . AllenSupreme Court of North Carolina · 1897
- Mendenhall v. . MendenhallSupreme Court of North Carolina · 1860
- Moore v. MooreMichigan Supreme Court · 1882
- Baker v. BakerWisconsin Supreme Court · 1883
- Compher v. CompherSupreme Court of Pennsylvania · 1855
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