Best v. . Best
Supreme Court of North Carolina
Appeal from Justice, J., at January Term, 1913, of WayNE. Petition to sell land for assets, beard on transfer to civil-issue docket, on the pleadings, demurrer, etc.
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Appeal from Justice, J., at January Term, 1913, of WayNE. Petition to sell land for assets, beard on transfer to civil-issue docket, on the pleadings, demurrer, etc. Plaintiff, administrator of R. R. Best, filed petition to sell land of his intestate to make assets to satisfy unpaid claims against the estate, among others, a judgment rendered against said intestate in favor of D. A. Cogdell, administrator of T. W. Best, tbe latter being father of present plaintiff, before Hugh Humphrey, J. P., on 15 May, 1912. Other claims were set out in the petition which had been reduced to judgment. The…
1Opinion of the CourtHoKE, J.
There is doubt if an appeal properly lies in the present condition of the record; a sale of the land, in any event, being necessary, having been ordered for /the purpose of making assets. Arrington v. Arrington, 91 N. C., 301; Commissioners v. Satchwell, 88 N. C., 1; Hines v. Hines, 84 N. C., 122. Inasmuch, however, as the validity of all the other claims have been established and a decision on the Cogdell debt is required to a proper distribution of the assets, we have deemed it best, for the purposes of this appeal, to treat the judgment as one in its nature final, and decide the questions…
2Cases cited10 opinions
- Mottu v. Davis.Supreme Court of North Carolina · 1909
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Hines v. . HinesSupreme Court of North Carolina · 1881
- Arrington v. . ArringtonSupreme Court of North Carolina · 1884
- Bevers v. . ParkSupreme Court of North Carolina · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- King v. RichardsonCourt of Appeals for the Fourth Circuit · 1943
- Edwards v. . McLawhornSupreme Court of North Carolina · 1940
- In re Will of DeytonSupreme Court of North Carolina · 1919
- Joyner v. Wilson Memorial Hospital, Inc.Court of Appeals of North Carolina · 1978
- Barnes v. . FortSupreme Court of North Carolina · 1915
7 more not listed; retrieve them via the Exa API.