J. B. Leggett v. . Heirs-At-Law of Benjamin Leggett
Supreme Court of North Carolina
This was an appeal from the Superior Court of Martin. One Biggs, a creditor of the plaintiff’s intestate moved hr the above entitled cause which was a petition to make real estate assets, on notice to set aside a sale of the real estate on certain grounds. This motion was supported by affidavits, and the facts constituting the basis of Biggs’ motion were controverted by conir-ter-affidavits, filed on behalf of the plaintiff.
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This was an appeal from the Superior Court of Martin. One Biggs, a creditor of the plaintiff’s intestate moved hr the above entitled cause which was a petition to make real estate assets, on notice to set aside a sale of the real estate on certain grounds. This motion was supported by affidavits, and the facts constituting the basis of Biggs’ motion were controverted by conir-ter-affidavits, filed on behalf of the plaintiff. The Court, without proceeding first, in any way, to ascertain the facts, made an order setting aside the rule, and the plaintiff appealed.
1Opinion of the Court
Rodman. J.
There is no finding of any facts in this case' upon which this Court can act., and so far as we can see, the controversy is altogether one of fact. Biggs, creditor of Benjamin Leggett alleges that John B. Leggett, executor of said Benjamin was authorized by the County Court of Martin, to ..sell certain lands of his intestate, that he reported a sale to his brothers, Joseph and William, and was about to make a title to them without the payment of the price, he and they being insolvent.
The executor and the purchasers deny this and they say they purchased fairly and have paid the full…
2Cited by2 opinions
- Chasteen v. . MartinSupreme Court of North Carolina · 1879
- United States v. WinsteadDistrict Court, W.D. North Carolina · 1882