Yarborough v. . Moore
Supreme Court of North Carolina
Appeal by defendants W. A. Strickland and J. M. Stallings from O. H. Allen, J., April Term, 1909, of FbaNKLIN. This is a motion to set aside tbe judgment of tbe Superior Court in tbe above-entitled action, wbicb was brought for tbe purpose of selling land to pay tbe debts of tbe testatrix, Martba Moore. Sbe died, leaving a will, in wbicb sbe appointed tbe defendants W. A. and J. 0. Moore executors.
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Appeal by defendants W. A. Strickland and J. M. Stallings from O. H. Allen, J., April Term, 1909, of FbaNKLIN. This is a motion to set aside tbe judgment of tbe Superior Court in tbe above-entitled action, wbicb was brought for tbe purpose of selling land to pay tbe debts of tbe testatrix, Martba Moore. Sbe died, leaving a will, in wbicb sbe appointed tbe defendants W. A. and J. 0. Moore executors. Tbe motion to set aside tbe judgment was made by Mabel, Annie and Josbua Moore, children of J. W. Moore and Frances Strickland; Mary Stallings and Sidney Harris, children of Sarah E. Harris. By her…
1Opinion of the Court
Walker, J.,
after stating the ease: It is well settled that the Superior Court had jurisdiction of the proceeding to sell the land for the purpose of paying the debts of the testatrix. Laws 1876-’77, ch. 241; Revisal, sec. 129; Haywood v. Haywood, 79 N. C., 42; Clement v. Cozart, 107 N. C., 695; Fisher v. Trust Co., 138 N. C., 90. A single creditor may proceed by action in that court to subject the land of his deceased debtor to the payment of his claim. Pegram v. Arrington, 82 N. C., 326; Shober v. Wheeler, 144 N. C., 409. Especially may he sue to compel the personal representative to perform…
2Cases cited19 opinions
- England v. . GarnerSupreme Court of North Carolina · 1884
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Harrison v. . HargroveSupreme Court of North Carolina · 1897
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
- Millsaps v. . EstesSupreme Court of North Carolina · 1905
12 more not listed; retrieve them via the Exa API.