Hinton v. . Whitehurst, Adm'r. .
Supreme Court of North Carolina
This was a civil aotioN, originally commenced to subject lands to the payment of debts, and heard now upon a motion to reform or modify the report of the referee, before his Honor, Judge Havre, at the • Spring Term, 1875, of PasquotaNeSu - perior Court. This case was before the Court at January Term, 1873, and again at June Term, 1874. See 68 N. C. Eep. 316, and 71 N. C. Eep. 66, the report of which discloses all the facts in connection therewith.
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This was a civil aotioN, originally commenced to subject lands to the payment of debts, and heard now upon a motion to reform or modify the report of the referee, before his Honor, Judge Havre, at the • Spring Term, 1875, of PasquotaNeSu - perior Court. This case was before the Court at January Term, 1873, and again at June Term, 1874. See 68 N. C. Eep. 316, and 71 N. C. Eep. 66, the report of which discloses all the facts in connection therewith. Upon the hearing below at last Spring Term, it was admitted that the entire share of Wm. T. White-hurst in his father’s (Davis Whitehurst) land was…
1Opinion of the CourtReade, J.
This case has been twice before this Court heretofore- — 68 N. O. Rep. and 71 N. C. Rep.
It is now before us upon the following points :
1. There having been partition of the land among the defendants as heirs at law, some of whom have sold and some of whom have retained their shares ; and it having been decided that the plaintiff creditor has the right to subject the land which has not been sold, and the proceeds of what has been sold, to the satisfaction of his demand, one of the defendants who has not sold, asks that he may be permitted to pay his ratable part of the debt, and retain his…
2Cases cited3 opinions
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1874
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1873
- Porter v. . JonesSupreme Court of North Carolina · 1873
3Cited by5 opinions
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1876
- Raymer v. . McLellandSupreme Court of North Carolina · 1939
- Hooker v. Yellowley.Supreme Court of North Carolina · 1901
- Lee v. . BeamanSupreme Court of North Carolina · 1888
- Privott v. . WrightSupreme Court of North Carolina · 1928