First Security Trust Co. v. Lentz

Stacy, C. J.,

after stating the ease: The right of the plaintiff to bring this action and to seek the advice of the Court on an existing state of facts, upon which a decree or some direction in the nature of a decree may be founded, is supported by a number of decisions, notably Balsley v. Balsley, 116 N. C., 472, 21 S. E., 954, Tyson v. Tyson, 100 N. C., 360, 6 S. E., 707; Little v. Thorne, 93 N. C., 69, and Tayloe v. Bond, 45 N. C., 5.

It may be observed in limine that with the exception of the homestead right and the rights of a widow, which generally are superior to the rights of creditors,…