Donoho v. . Patterson
Supreme Court of North Carolina
Special PROCEEDING, to sell real estate for assets, commenced ju the Probate Court, and thence regularly carried to the Superior Court of PbesoN county, where it was tried before his Honor, Tourgee, J., at Fall Term, 1873. The substantial facts are stated in the opinion of the Court. The jury having found the issues submitted to them in favor of the plaintiff, his Honor gave judgment condemning the land to be sold for the payment of the admitted debts.
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Special PROCEEDING, to sell real estate for assets, commenced ju the Probate Court, and thence regularly carried to the Superior Court of PbesoN county, where it was tried before his Honor, Tourgee, J., at Fall Term, 1873. The substantial facts are stated in the opinion of the Court. The jury having found the issues submitted to them in favor of the plaintiff, his Honor gave judgment condemning the land to be sold for the payment of the admitted debts. From this judgment the defendants appealed. Chapter 46, section 61, Revised Code, was not suspended by act of September, 1861. Chap. 10, sec.…
1Opinion of the CourtRodmaN, J.
The material facts are: Willie Jones died in 1861. At April Term, 1861, of the County-Court of Caswell, Walter Jones, who was his' only heir, became his administrator. Walter duly administered the personal estate and after- wards left the State. He was duly removed from tbe admin-istratorship and the plaintiff appointed administrator de bonis non. There are debts of Willie Jones outstanding and unpaid, The plaintiff seeks to have the lands of which Willie Jones died seized sold to pay his debts.
The defence is, that some time in 1862, Walter Jones and his mother, Priscilla, who was entitled to…
2Cases cited7 opinions
- Latham v. . BellSupreme Court of North Carolina · 1873
- Hinton v. . HintonSupreme Court of North Carolina · 1868
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1873
- E. S. Badger v. . Maria L. Jones and J. W. B. WatsonSupreme Court of North Carolina · 1872
- Pullen v. . HutchinsSupreme Court of North Carolina · 1872
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3Cited by2 opinions
- Orrender v. . CallSupreme Court of North Carolina · 1888
- Renan v. . BanksSupreme Court of North Carolina · 1880