Harrington v. Hatton.
Supreme Court of North Carolina
ActioN by W. H. Harrington against P. E. Hatton, as administrator, and others, beard by Judge ~W. A. Hohe, at May (Special) Term, 1901, of tbe Superior Court of Pitt County. Erom a judgment for tbe plaintiff, tbe defendants appealed.
1Opinion of the CourtClark, J.
When this case was here before, 129 N. C., 146, it was held that the administrator of the judgment debtor could not be ordered to sell the land to make assets, because the judgment debtor had conveyed the land (subject, of course, to judgment liens), and there was nothing left in the judgment. debtor which could be sold by his administrator, and that the remedy justified by the pleadings, though not prayed for, was a judgment directing the property to be sold under the judgment lien. All the parties being before the Court, the Court refused to dismiss the action, but remanded it that a proper…
2Cases cited2 opinions
- Pipkin v. . AdamsSupreme Court of North Carolina · 1894
- Harrington v. Hatton.Supreme Court of North Carolina · 1901
3Cited by1 opinion
- Brick v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907