Lunsford v. Kersey

Reid, Chief Justice.

The questions are, did the widow take a full estate in the property under the proceedings in the court of ordinary, or did she take it “subject to” the debt and mortgage? And if she did take it subject, was her subsequent security deed binding? It is strongly contended in her behalf that since the return of the appraisers as filed by them did not make it subject, and since no objections to their return were filed, the ordinary was without jurisdiction to modify the return and thereby reduce her estate, and that consequently she should prevail, since, as contended, she may…