Legal Opinion

Moore v. . Ingram

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 2 opinions

Civil Action, tried at Spring Term, 1884, of Macon Superior Court, before Graves, J. This was a creditor’s bill filed by the plaintiff, in behalf of himself and the other creditors of the estate of T. A. Lowery, deceased, against the defendant as his administrator, under the act of 1871-72, ch. 213, § 1. (Bat.

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Civil Action, tried at Spring Term, 1884, of Macon Superior Court, before Graves, J. This was a creditor’s bill filed by the plaintiff, in behalf of himself and the other creditors of the estate of T. A. Lowery, deceased, against the defendant as his administrator, under the act of 1871-72, ch. 213, § 1. (Bat. Rev., ch. 45, § 78.) The case presented by the record transmitted to this court is as follows: The- clerk of the superior court, before whom the special proceedings were had, found as facts, that T. A. Lowery died intestate in 1869, and the defendant qualified as his administrator in…

1Opinion of the CourtAshe, J.

We are of opinion there is error in the judgment pronounced by His Honor in affirming the judgment of the clerk, for there is also error in the judgment of the clerk in overruling the exception taken by the plaintiff. The plaintiff’s exception should have been sustained.

The ruling of the clerk seems to have been predicated upon the idea that the judgment pronounced by the judge at spring term, 1880, giving to the defendant license to sell the real property of his intestate, and adjudging that out of the proceeds of the sale he should in the first place satisfy the judgment in favor of Patton,…

2Cases cited1 opinion

  1. Hoskins v. . WallSupreme Court of North Carolina · 1877

3Cited by2 opinions

  1. Young v. . ConnellySupreme Court of North Carolina · 1893
  2. Draper v. . AllenSupreme Court of North Carolina · 1894

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