Haywood v. Haywood
Supreme Court of North Carolina
Civil Action,- in the nature of a Creditor’s Bill brought by a creditor of the estate of defendant’s testatrix, and heard, upon a motion by plaintiff for an injunction to restrain proceedings in a special proceeding brought by the defendant in the Probate Court for a sale of his testatrix real estate to make assets, at Spring Term, 1878, of "Wake Superior Court, before Seymour, J. His Honor decided that the action was prematurely brought by plaintiff, and denied the motion…
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Civil Action,- in the nature of a Creditor’s Bill brought by a creditor of the estate of defendant’s testatrix, and heard, upon a motion by plaintiff for an injunction to restrain proceedings in a special proceeding brought by the defendant in the Probate Court for a sale of his testatrix real estate to make assets, at Spring Term, 1878, of "Wake Superior Court, before Seymour, J. His Honor decided that the action was prematurely brought by plaintiff, and denied the motion for the injunction, and the plaintiff appealed.
1Opinion of the CourtFaircloth, J.
This is an action by the plaintiff as a creditor of defendant’s testatrix, and in behalf of all other such creditors, brought to the Superior Court at term time praying for the necessary accounts, sale of lands, and for the payment of the assets to the said creditors according to their several amounts and rights, &c. After this action was in progress and defendants had entered their appearance, the defendant executor filed his petition in the Probate. Court for the sale of the real estate of his testatrix for assets, and thereupon and upon notice the plaintiff moved for an order restraining…
2Cases cited1 opinion
- Childs v. . Martin .Supreme Court of North Carolina · 1873
3Cited by21 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- State v. . McCanlessSupreme Court of North Carolina · 1927
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