Opinion · Supreme Court of North Carolina

Brandon v. . Phelps

Brandon v. . Phelps, 77 N.C. 44 (N.C. 1877)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1877-06-05
Topic
general

Fair cloth, J. Original letters of administration were *46 granted in January, 1855. Letters of administration debonis non on the same estate were granted to the plaintiff in 1876,, and the heir at law in 1871, sold and .conveyed to the defendant some of tire real estate of which plaintiff’s intestate died seized. The plaintiff’ now applies for a license to sell said real estate for assets to pay debts of his intestate still outstanding. It is properly conceded that if the sale had been made-more than two years after the original letters were granted and before the Act of 1868-’69, ch. 113, the purchaser, the defendant, would have acquired an absolute title as against creditors, but the plaintiff insists that by virtue of said Act, § 105, he has the right to sell, inasmuch as defendant Phelps purchased with notice that said debts were still unpaid.

Citator

UpLaw has not yet analyzed Brandon v. . Phelps. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions