Lyle v. . Siler
Supreme Court of North Carolina
This is a PETITION to obtain a license to sell land to make assets to pay debts of a testator. The pleadings raised issues of fact, and the proceedings were transferred to the Court in term and heard before MacRae, J., at Fall Term, 1888, of the Superior Court of Macon.
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This is a PETITION to obtain a license to sell land to make assets to pay debts of a testator. The pleadings raised issues of fact, and the proceedings were transferred to the Court in term and heard before MacRae, J., at Fall Term, 1888, of the Superior Court of Macon. The following are the material parts of the case settled on appeal: “ The petitioner put in evidence the will of Jacob Siler, with the probate and qualification of this plaintiff, J. M. Lyle, and of T. H Siler, as executors thereof. “The following facts are admitted ; “That plaintiff, J- M. Lyle, as executor of Jacob Siler,…
1Opinion of the CourtMerrimon, J.
(after stating the case). The record in this case is not as full and satisfactory as it might and should be; and it fails to raise questions that seems the appellant intended to present. The presumption is in favor of the regularity and correctness of the rulings, orders and judgment of the Court, it being one of general jurisdiction, and the burden is on the appellant to show error. It is her laches or misfortune if she fails to do so when she can. We must accept and act upon the record as it comes to us. It is not our province to assign or perfect the assignment of errors. Spillman v.…
2Cases cited6 opinions
- Adams v. . ReevesSupreme Court of North Carolina · 1873
- Board of Commissioners of MacOn County v. Board of Commissioners of Jackson CountySupreme Court of North Carolina · 1876
- Garrison v. . CoxSupreme Court of North Carolina · 1886
- Spillman v. . WilliamsSupreme Court of North Carolina · 1884
- Bumpass v. . ChambersSupreme Court of North Carolina · 1877
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3Cited by15 opinions
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- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Neal v. NelsonSupreme Court of North Carolina · 1895
- Simms v. . VickSupreme Court of North Carolina · 1909
- Vance v. RailroadSupreme Court of North Carolina · 1905
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