Heck v. . Williams
Supreme Court of North Carolina
Special PROCEEDING commenced in the Probate Court and tried on appeal at Eall Term, 1877, of Harnett Superior Court, before Seymour, J. The plaintiff on behalf of himself and other creditors brought this action against the defendants, — Catherine "Williams administratix of B. C. Williams, Davis Abernathy, and the Cape Eear Iron and Steel Company.
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Special PROCEEDING commenced in the Probate Court and tried on appeal at Eall Term, 1877, of Harnett Superior Court, before Seymour, J. The plaintiff on behalf of himself and other creditors brought this action against the defendants, — Catherine "Williams administratix of B. C. Williams, Davis Abernathy, and the Cape Eear Iron and Steel Company. It was alleged among other things that the personal estate of the intestate of defendant had been sold and proved insufficient to pay his debts; that the plaintiff, Heck, was the assignee of a certain docketed judgment obtained against the intestate…
1Opinion of the CourtBynum, J.
The only respect in which this case differs • from that of Paschall v. Harris, 74 N. C., 335, is, that there, the judgment debtor executed a mortgage with a power of sale, under which the mortagee sold and conveyed to the purchaser; while here, the judgment debtor sold and conveyed directly to the purchaser. ■ Of course this difference is immaterial, and the decision in the former case must govern this.
It was held in that case that “ the right of the intestate and of his heirs and of the administrator, was divested by the sale. Whether the mortagee and the purchaser under the power of sale,…
2Cases cited1 opinion
- Paschal v. . HarrisSupreme Court of North Carolina · 1876
3Cited by8 opinions
- Hobbs v. CashwellSupreme Court of North Carolina · 1910
- Tuck v. . WalkerSupreme Court of North Carolina · 1890
- McCaskill v. . GrahamSupreme Court of North Carolina · 1897
- Reed v. . ReedSupreme Court of North Carolina · 1885
- Hobbs v. . CashwellSupreme Court of North Carolina · 1910
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