Legal Opinion

State Ex Rel. Pate v. Oliver

Supreme Court of North Carolina

Decided September 5, 1889PublishedCited by 17 opinions

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

  1. Murchison v. . WilliamsSupreme Court of North Carolina · 1874
  2. Krider v. . RamsaySupreme Court of North Carolina · 1878
  3. Frick Co. v. . HilliardSupreme Court of North Carolina · 1886
  4. Patterson v. . WadsworthSupreme Court of North Carolina · 1883
  5. Mauney v. . IngramSupreme Court of North Carolina · 1878

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3Cited by17 opinions

  1. Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
  2. Baptist Female University v. BordenSupreme Court of North Carolina · 1903
  3. University v. . BordenSupreme Court of North Carolina · 1903
  4. First Security Trust Co. v. LentzSupreme Court of North Carolina · 1928
  5. Whitlock v. AlexanderSupreme Court of North Carolina · 1912

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