Holt v. . Bason, Adm'r .
Supreme Court of North Carolina
Civil action, tried before Kerr, J., at FalljfTerm, 1874» Alamance Superior Court. The facts in the case, as disclosed by the record, are fully stated in the opinion of the Court.
1Opinion of the CourtBynum, J.
In 1862 R. Y. McAden obtained a judgment la Caswell county, for a large sum, against William Kirkpatrick, who died in Alamance county in 1865, leaving a last will, and Ilenry Deshough as his executor. In 1867, Gr. W. Swepson obtained a judgment in Alamance county against Deshough, as executor of Kirkpatrick. The executor had administered a part and wasted the residue of the personal assets and had become insolvent. Through some inadvertence or mistake not explained, an execution [was issued upon the Swepson judgment aud levied upon the land of the testator, which was exposed to sale by the…
2Cited by1 opinion
- Danner v. MurnanSouth Dakota Supreme Court · 1920