Carpenter v. . Huffsteller
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1881, of Gaston Superior Court, before Avery, J. This action is brought to impeach a sale of lands made by the defendant Hüffsteller, as administrator, of J. M. Roberts, deceased, to his widow, and to have the order of the probate court confirming the same set aside upon the ground of fraud.
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Civil Action tried at Fall Term, 1881, of Gaston Superior Court, before Avery, J. This action is brought to impeach a sale of lands made by the defendant Hüffsteller, as administrator, of J. M. Roberts, deceased, to his widow, and to have the order of the probate court confirming the same set aside upon the ground of fraud. After setting out the death of said intestate in 1865, and the appointment of the defendant as administrator, the plaintiffs, who are creditors holding claims against him matured at the date of his death, allege that he died seized of the land ip question', containing 396…
1Opinion of the CourtRuffin, J.
It is with some reluctance that the court has concluded to affirm the judgment in this case; for though not entitled to be relieved to the extent to which they ask, or in the manner attempted in their complaint, we can see from the whole case that the plaintiffs have a right to some relief in the premises.
The sale by the administrator was expressly confined to the reversionary interest in the land, dependent upon both dower and homestead — the first embracing one-third of the tract, and the latter the whole. As to the demands of the plaintiffs (there being ho other property to satisfy them)…
2Cited by11 opinions
- McLaurin v. . CronlySupreme Court of North Carolina · 1884
- State Ex Rel. Maggett v. RobertsSupreme Court of North Carolina · 1891
- State ex rel. Brown v. MitchellSupreme Court of North Carolina · 1889
- Alley v. Howell.Supreme Court of North Carolina · 1906
- Reynolds v. Railroad Co.Supreme Court of North Carolina · 1904
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