Lassiter v. . Upchurch
Supreme Court of North Carolina
This was a special proceeding, commenced before the Clerk of the Superior Court of Wake County, against’-the defendants, heirs at law of George Fuller, deceased, to'«ell land to make assets to pay debts, and brought up, on issues of fact joined, to be tried in the Superior Court of said ¿ounty, and tried before Armfield, J., at October Term, 1889, of said Court.
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This was a special proceeding, commenced before the Clerk of the Superior Court of Wake County, against’-the defendants, heirs at law of George Fuller, deceased, to'«ell land to make assets to pay debts, and brought up, on issues of fact joined, to be tried in the Superior Court of said ¿ounty, and tried before Armfield, J., at October Term, 1889, of said Court. The plaintiff alleged the existence of a debt due from his intestate to Mary Barbee, the want of personal assets, and the necessity for the sale of land to make assets to pay, &c. Some of the defendants answered, admitting the…
1Opinion of the Court
Davis, J.:
Two questions are presented by the record for the consideration of this Court: 1. Was the agreement to refer, under section 1426 of The Code, with the award of the referees, competent evidence to prove the indebtedness of the intestate; and 2. In absence of fraud or collusion, could the defendants, admitting that there was no fraud or collusion, show that the debt allowed by the award of the referees against the plaintiff administrator was, in fact, not a valid debt against the estate of his intestate.
The Code, § 1426, authorizes the administrator to agree, in writing, with one who…
2Cases cited2 opinions
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Crawford v. . OrrSupreme Court of North Carolina · 1881
3Cited by3 opinions
- McLeod v. Graham.Supreme Court of North Carolina · 1903
- In Re the Administration of the Estate of ReynoldsSupreme Court of North Carolina · 1942
- Holcomb v. HemricCourt of Appeals of North Carolina · 1982