State Ex Rel. Pate v. Oliver
Supreme Court of North Carolina
Administration — Evidence—Lease—Merger—Counter-claim — Application of Assets — Liability of Administrators and Executors — Conditional Sale. Tills was a civil action, tried before Philips, J., at January-Term, 1888, of the Superior Court of Robeson County, upon exception to a referee’s report. E. IT.
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Administration — Evidence—Lease—Merger—Counter-claim — Application of Assets — Liability of Administrators and Executors — Conditional Sale. Tills was a civil action, tried before Philips, J., at January-Term, 1888, of the Superior Court of Robeson County, upon exception to a referee’s report. E. IT. Paul died on June 2d, 1881, and the defendant D. N. Oliver administered upon his estate a few days thereafter, entering into a bond in the sum of $16,000, with the other defendants as sureties. This action is brought on that bond by several creditors of Paul. Worth & Worth, who had a suit pending…
1Opinion of the Court
Shepherd, J.:
In passing upon the numerous exceptions in this case, we deem it unnecessary to reproduce all the facts presented in the elaborate and intelligent report, of the referee-Only so much as is necessary to a proper understanding of our rulings will be stated.
First Exception. — The plaintiffs insisted upon charging the administrator with $105.54, the amount of a judgment against John McQueen in favor of R. & J. 0. McOaskill, which had been assigned to the intestate in Februaiy, 1880.
Execution issued on said judgment in October, 1879, and the homestead of the judgment debtor was set…
2Cases cited9 opinions
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