Opinion · Supreme Court of North Carolina

Harrison v. . Wood

Harrison v. . Wood, 21 N.C. 437 (N.C. 1836)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1836-12-05
Topic
general

Ruffin, Chief Justice. The court does not perceive a ground for a decree in favour of the plaintiff, upon his bill; much less for continuing the preliminary injunction granted to him. Upon the face of the bill, there is an admission that the legal estate' which descended to the defendant, was not divested by the sheriff’s sale, because the defendant had not been made a party to the proceedings at law, commenced against her ancestor. If then it be yielded that a creditor can file against the heir a bill in the courts of equity of this state, either on behalf of himself and the other creditors, or of himself alone, for an account of the real estate, and for satisfaction out of it, yet it is clear there can be no relief against the heir, without first taking an account of the personal estate. To such a bill, therefore, the personal representative is an indispensable party.

Citator

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

Cited by
3 opinions