Blount v. . Pritchard
Supreme Court of North Carolina
Special PROCEEDING- commenced before the probate court and heard upon demurrer at Spring Term, 1882, of Pasquo-tank Superior Court, before MeKoy, J. The plaintiff, as administrator of J. C. Pritchard, deceased', seeks to sell the land of his intestate for the payment of debts, and filed his petition against the heirs of the intestate in the probate court for Pasquotank county, for license to sell the lands descended to them.
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Special PROCEEDING- commenced before the probate court and heard upon demurrer at Spring Term, 1882, of Pasquo-tank Superior Court, before MeKoy, J. The plaintiff, as administrator of J. C. Pritchard, deceased', seeks to sell the land of his intestate for the payment of debts, and filed his petition against the heirs of the intestate in the probate court for Pasquotank county, for license to sell the lands descended to them. The petition states, “that the debts outstanding against the estate of the said J. C. Pritchard amount to about nine hundred dollars, and that the value of the personal…
1Opinion of the CourtAshe, J.
The statute authorizing the sale of land to make assets for the payment of debts (Bat. Rev., ch. 45, § 61) provides, that when the personal estate of a decedent is insufficient to pay all his debts, including the charges of administration, the executor, administrator or collector may, at any time after the grant of letters, apply to the superior court of the county where the land or some part thereof is situated, by petition, to sell the real property for the payment of the debts of such decedent.
Sec. 62. The petition, which must be verified by the oath of the applicant, shall set forth, as…
2Cases cited4 opinions
- Finger v. . FingerSupreme Court of North Carolina · 1870
- Shields v. . McDowellSupreme Court of North Carolina · 1880
- Bland v. . HartsoeSupreme Court of North Carolina · 1871
- Wiley Ex'r. v. . Wiley and OthersSupreme Court of North Carolina · 1869
3Cited by2 opinions
- Smith v. BrownSupreme Court of North Carolina · 1888
- Smith v. . BrownSupreme Court of North Carolina · 1888