Burton v. . Conigland
Supreme Court of North Carolina
Special Proceeding to sell land for assets commenced in the Probate Court of Halifax County, and heard on appeal at Chambers on the 12th of December, 1879, before Seymour, J. After proceedings were had according to law, the plaintiff as administrator of Edward Couigland, deceased, sold the land and Robert P. Hervey became the purchaser, but refused to comply with the terms of sale upon the ground set out in the opinion, to wit, that a good title could not be made by the…
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Special Proceeding to sell land for assets commenced in the Probate Court of Halifax County, and heard on appeal at Chambers on the 12th of December, 1879, before Seymour, J. After proceedings were had according to law, the plaintiff as administrator of Edward Couigland, deceased, sold the land and Robert P. Hervey became the purchaser, but refused to comply with the terms of sale upon the ground set out in the opinion, to wit, that a good title could not be made by the administrator. Thereupon a rule was served on the purchaser to show cause why he should not pay the amount bid, and upon the…
1Opinion of the CourtSmith, C. J.
The plaintiff, administrator of Edward Conigland, filed his petition in the probate court against the heirs.at law for license to sell the lands of the intestate, and under a decree therefor, sold a tract known as the “ Pope Place,” and estimated to contain four hundred and fifty-two acres, to Robert P. Hervey, at the price of two thousand dollars. The latter- refused to comply with the terms.' of sale, alleging that the intestate did not have an estate in fee in the premisea The plaintiff reported the sale and the fadiure of Hervey, and'thereupon the court declaring its willingness to…
2Cases cited1 opinion
- Davis v. . Parker .Supreme Court of North Carolina · 1873
3Cited by10 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- Sain v. Baker.Supreme Court of North Carolina · 1901
- Kornegay v. . MorrisSupreme Court of North Carolina · 1898
- Young v. Munsey Trust Co.Court of Appeals for the D.C. Circuit · 1940
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