Executors of Tomlinson v. Executors of Detestatius

Superior Court of North Carolina

Executors of Tomlinson v. Executors of Detestatius

3 N.C. 284

DecidedJuly 5, 1803

StatusPublished

This text of 3 N.C. 284 (Executors of Tomlinson v. Executors of Detestatius) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Executors of Tomlinson v. Executors of Detestatius, 3 N.C. 284 (N.C. Ct. App. 1803).

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Opinion

johmton, Judge.

The law of England is as stated by the plaintiff's counsel, that an executor or administrator caímos purchase but by paying the full value. The law however is different here ; for here it is sold by order of court, and by a public mincer, the sheriff, whose interest and duty it is to take care that it sells for its value : Therefore she may purchase ir: such case for less than the real value, if she can; but if not sold by order of court, or not by the sheriff, the proper officer, she, the executrix, shall still answer for the real value*

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johmton, Judge.

The law of England is as stated by the plaintiff's counsel, that an executor or administrator caímos purchase but by paying the full value. The law however is different here ; for here it is sold by order of court, and by a public mincer, the sheriff, whose interest and duty it is to take care that it sells for its value : Therefore she may purchase ir: such case for less than the real value, if she can; but if not sold by order of court, or not by the sheriff, the proper officer, she, the executrix, shall still answer for the real value*

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Bluebook (online)

3 N.C. 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/executors-of-tomlinson-v-executors-of-detestatius-ncsuperct-1803.