Long v. . Oxford
Supreme Court of North Carolina
Appeal from Merrimon. J., at Spring Term, 1891, Alex-ANDER Superior Court. This was a special proceeding in the nature of a creditor’s bill for the settlement of an estate, and to subject devised lands to the payment of debts. On the hearing before the Clerk, the plaintiff demurred to the answers filed, on the ground that they did not allege facts sufficient to constitute a valid defence.
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Appeal from Merrimon. J., at Spring Term, 1891, Alex-ANDER Superior Court. This was a special proceeding in the nature of a creditor’s bill for the settlement of an estate, and to subject devised lands to the payment of debts. On the hearing before the Clerk, the plaintiff demurred to the answers filed, on the ground that they did not allege facts sufficient to constitute a valid defence. The Clerk, sustaining the demurrer, gave judgment against the defendants, which judgment was confirmed by the Judge in term, and the defendants appealed to the Supreme Court.
1Opinion of the Court
Clark, J.:
The plaintiffs seek to subject the lands of Samuel IT. Reid to the payment of a judgment heretofore obtained against the executor. The defendants, who are the executor himself and his wife (who is the sole devisee of Reid), attempt in their answers to set up the statute of limitations and other matters of defence which might have been pleaded in the original action. The plaintiffs demurred, on the ground that the answers did not set up any defence to the action which could avail the defendants or either of them.
The Court properly sustained the demurrer. “ The heir (or devisee) is…
2Cases cited3 opinions
- Proctor v. . ProctorSupreme Court of North Carolina · 1890
- Smith v. . BrownSupreme Court of North Carolina · 1888
- Long v. . OxfordSupreme Court of North Carolina · 1889
3Cited by4 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Lee v. . McKoySupreme Court of North Carolina · 1896
- McNair v. . CooperSupreme Court of North Carolina · 1917
- Erickson v. StarlingSupreme Court of North Carolina · 1952