Shields v. . McDowell
Supreme Court of North Carolina
Special Proceeding- commenced in the Probate Court of Halifax and heard on appeal on the 12th of December, 1879, before Seymour, J. The plaintiff executors seek to subject the land of their testator to the payment of debts. The defendants demurred. Demurrer sustained by the clerk, but overruled by the judge, and the defendants appealed.
1Opinion of the CourtDillard, J.
The plaintiffs, as executors of Chas. C. Shields and part of the devisees of the testator, filed their petition in the probate court against the defendants who are co-devisees with the plaintiffs, for a license to sell the land devised for assets to pay the debts of the testator.
The defendants demur to the petition, and specially assign as the ground thereof that the plaintiffs do not allege that they have exhausted the personalty of their testator. The demurrer was sustained by the judge of probate, and on appeal to the superior court his judgment was reversed and an order made that the…
2Cases cited3 opinions
- Finger v. . FingerSupreme Court of North Carolina · 1870
- Bland v. . HartsoeSupreme Court of North Carolina · 1871
- Wiley Ex'r. v. . Wiley and OthersSupreme Court of North Carolina · 1869
3Cited by8 opinions
- Neighbors v. . EvansSupreme Court of North Carolina · 1936
- Baker v. Carter.Supreme Court of North Carolina · 1900
- Clement v. . CozartSupreme Court of North Carolina · 1890
- McNeill v. . McBrydeSupreme Court of North Carolina · 1893
- Barkley v. . ThomasSupreme Court of North Carolina · 1941
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