Hood Ex Rel. Merchants & Manufacturers Bank v. Freel

Can a creditor of the heir intervene in a proceeding to sell the land of the intestate to make assets to pay the debts of such intestate?

The judgment rendered by Judge Clement, at the January Term, 1933, was not a final judgment because it ordered the administrator “to proceed promptly and with diligence to make the necessary sale or sales in order to obtain assets to pay said debt . . . and this cause is retained for further orders.” Consequently the right to intervene is not foreclosed. Wadford v. Davis, 192 N. C., 484, 135 S. E., 353. See, also, Page v. McDonald, 159 N. C., 38, 74 S. E.,…