Sinclair v. . McBryde
Supreme Court of North Carolina
Special Proceeding commenced before the clerk, and heard at Spring Term, 1882, of Robeson Superior Court, before tihipp, J. The proceeding was instituted by the plaintiff' to compel the defendant as executrix of Angus Leach, deceased, to sell the land described in the complaint, of which the said Leach was seized at the time of his death, to make assets for the payment of his debts.
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Special Proceeding commenced before the clerk, and heard at Spring Term, 1882, of Robeson Superior Court, before tihipp, J. The proceeding was instituted by the plaintiff' to compel the defendant as executrix of Angus Leach, deceased, to sell the land described in the complaint, of which the said Leach was seized at the time of his death, to make assets for the payment of his debts. The complaint alleges that Angus Leach died in the county of Robeson in 1877, leaving a last will and testament, in which he devised the land to his wife, the defendant, Margaret McBryde, for her natural life, and…
1Opinion of the CourtAshe, J.
We are of the opinion there was no error in the judgment rendered by His Honor in the superior court. The proceeding, though not in form, is in substance and effect, in the nature of a creditor’s bill.
The plaintiff does not seek to recover his debt alone out of the land of the defendant’s testator, but to make the land assets for the payment of all the debts of the testator; so that when the land is sold by the executrix and the proceeds of the sale collected, it will be assets in her hands for the payment' of all the debts of her testator according to their dignities. The commencement of…
2Cases cited1 opinion
- Wilson Shober v. . the Bank of Lexington .Supreme Court of North Carolina · 1875