Proctor v. . Proctor
Supreme Court of North Carolina
Petition to make real estate assets, tried before Graves, J., at Spring Term, 1889, of Edgecombe Superior Court, upon appeal from the Clerk. It appears that L. D. Proctor died intestate in |1877, and that on the first of May, 1878, the plaintiff was appointed administrator of his estate, and he brings this special proceeding to obtain a license to sell lands of his intestate to make assets to-pay the debts of the latter.
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Petition to make real estate assets, tried before Graves, J., at Spring Term, 1889, of Edgecombe Superior Court, upon appeal from the Clerk. It appears that L. D. Proctor died intestate in |1877, and that on the first of May, 1878, the plaintiff was appointed administrator of his estate, and he brings this special proceeding to obtain a license to sell lands of his intestate to make assets to-pay the debts of the latter. The defendant appellant, one of the heirs at law of the intestate, in his answer to the petition, denies that the personal assets that have come and ought to have come into…
1Opinion of the CourtMebjrimon, C. J.
after stating the facts: It is expressly decided that the heir may plead the statute of limitations against a debt of the ancestor not reduced to judgment against the administrator in a special proceeding of -the latter to obtain a license to sell the descended lands to make assets to pay debts of the intestate. Bevers v. Park, 88 N. C., 456. In that case, it was left an open question, “ Plow far the heir may be bound by a valid subsisting judgment against the administrator, or to what extent he may contest the validity of the demand upon which it is founded.” The question thus left open was…
2Cases cited3 opinions
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Bevers v. . ParkSupreme Court of North Carolina · 1883
- Love v. . IngramSupreme Court of North Carolina · 1889
3Cited by8 opinions
- Moody v. PeytonSupreme Court of Missouri · 1896
- Lee v. . McKoySupreme Court of North Carolina · 1896
- Best v. . BestSupreme Court of North Carolina · 1913
- Turner v. ShufflerSupreme Court of North Carolina · 1891
- Barnes v. . FortSupreme Court of North Carolina · 1915
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