Ward v. . Lowndes
Supreme Court of North Carolina
Civil action, tried before Avery, Judge, at August Term, 1886, of BuNCOMBK Superior Court. The plaintiffs, except Harry Marrigalt, are the legatees, devisees, and heirs at law of Joshua Ward, deceased, and brought this action only to recover the possession of the land described in the complaint. The principal defendant, Charles T. Lowndes, in his answer, denied the material allegations of the complaint, except that the plaintiffs were such heirs and devisees.
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Civil action, tried before Avery, Judge, at August Term, 1886, of BuNCOMBK Superior Court. The plaintiffs, except Harry Marrigalt, are the legatees, devisees, and heirs at law of Joshua Ward, deceased, and brought this action only to recover the possession of the land described in the complaint. The principal defendant, Charles T. Lowndes, in his answer, denied the material allegations of the complaint, except that the plaintiffs were such heirs and devisees. He alleged as a matter of defence, that the said ancestor of the plaintiffs died insolvent, in the State of South Carolina, leaving a…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). It is very apparent that the two special proceedings in question, in which the land in controversy vras sold, were intended to serve the same purpose — that is, to effectuate the sale of the land of the testator of the plaintiff therein named, to make assets to pay debts of the testator.
Conceding irregularities — serious ones — in the first of them in order of time, the second was intended to cure these, and we think it had that effect, in most material respects. The latter proceeding was competent for this purpose certainly, as the administrator cum…
2Cases cited4 opinions
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Grantham v. . KennedySupreme Court of North Carolina · 1884
- Bell v. KingSupreme Court of North Carolina · 1874
3Cited by24 opinions
- Lowe v. HarrisSupreme Court of North Carolina · 1893
- Carraway v. LassiterSupreme Court of North Carolina · 1905
- Lowe v. . HarrisSupreme Court of North Carolina · 1893
- Brickhouse v. . SuttonSupreme Court of North Carolina · 1888
- Brittain v. . MullSupreme Court of North Carolina · 1888
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