Stimson v. . Phifer

Supreme Court of North Carolina

Stimson v. . Phifer

196 S.E. 332, 213 N.C. 355, 1938 N.C. LEXIS 85

Supreme Court of North Carolina·Decided April 13, 1938·Published

Opinion

Stacy, C. J.

Whether judgment creditor of heir or devisee is necessary or proper' party to proceeding against decedent’s land for assets is *356 not before us for decision. See Linker v. Linker, ante, 351; Battle v. Duncan, 90 N. C., 546; Byrd v. Byrd, 117 N. C., 523, 23 S. E., 324. Conceding that, upon proper allegations, such judgment creditor is presently entitled to be heard, Wadford v. Davis, 192 N. C., 484, 135 S. E., 353, nevertheless it appears that here he has offered no evidence to support his allegations of fraud or collusion, and his exceptive assignments of error point only to matters available to a coheir or codevisee. Finger v. Finger, 64 N. C., 183.

The record as presented requires no disturbance of the judgment.

No error.

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Stacy, C. J.

Whether judgment creditor of heir or devisee is necessary or proper' party to proceeding against decedent’s land for assets is *356 not before us for decision. See Linker v. Linker, ante, 351; Battle v. Duncan, 90 N. C., 546; Byrd v. Byrd, 117 N. C., 523, 23 S. E., 324. Conceding that, upon proper allegations, such judgment creditor is presently entitled to be heard, Wadford v. Davis, 192 N. C., 484, 135 S. E., 353, nevertheless it appears that here he has offered no evidence to support his allegations of fraud or collusion, and his exceptive assignments of error point only to matters available to a coheir or codevisee. Finger v. Finger, 64 N. C., 183.

The record as presented requires no disturbance of the judgment.

No error.

Stimson v. . Phifer, 196 S.E. 332, 213 N.C. 355, 1938 N.C. LEXIS 85 (N.C. 1938).

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Opinion

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