Hinton v. . Whitehurst
Supreme Court of North Carolina
Civil Action, originally brought to subject land to the payment of debts, tried before Eure, J., at Spring Term, 1876, of PasquotANK Superior Court.
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Civil Action, originally brought to subject land to the payment of debts, tried before Eure, J., at Spring Term, 1876, of PasquotANK Superior Court. The facts of the case have been heretofore fully set out in the several reports thereof, to be found in the 68 N. C. Rep., 316; 71 N. C. Rep., 66; and 73 N. C. Rep., 157. The judgment of this Court at June Term, 1875, being-sent down to the Court below, the presiding Judge proceeded in accordance with that judgment, to declare the rights of the parties and adjudge agreeably thereto. From his judgment the defendant, W. T. Whitehurst, appealed. The…
1Opinion of the CourtReade, J.
This case has been heretofore twice before us, and the rights of the parties so fully declared that there is no necessity to consider them further. His Honor followed those cases, and of course there is no error.
A creditor has the right to subject the land itself of his deceased debtor to the satisfaction of his debt, although there has been partition among the heirs. And one of the heirs cannot discharge his share of the land by offering to pay Ms part of the debt; or the amount at which it was assessed to him in the partition. Nor will it make any difference that his share has increased in…
2Cases cited1 opinion
- Hinton v. . Whitehurst, Adm'r. .Supreme Court of North Carolina · 1875
3Cited by3 opinions
- 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