Stewart v. . Doar

169 S.E. 804, 205 N.C. 37, 1933 N.C. LEXIS 454

• Court: Supreme Court of North Carolina
• Decided: June 28, 1933
• Status: Published

Opinion

Stacy, C. J.

The question propounded is answered by the statute. It is provided by C. S., 93 that the debts of a decedent shall he paid in classes, funeral expenses constituting the second class, and docketed judgments, to the extent of the lien (Jerkins v. Carter, 70 N. C., 500), the fifth. The lien of a docketed judgment, which is eo nomine put in the fifth class, is not such a “specific lien on property,” unless made so by its terms, as to come within the first class mentioned in the statute.

Upon the record as presented, the judgment is correct. Murchison v. Williams, 71 N. C., 135.

Affirmed.