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65 N.C. 378

Vaughn v. . Deloatch

Supreme Court of North Carolina

Decided June 5, 1871

Supreme Court of North Carolina · decided 1871-06-05

This was an action of debt brought under the old system, and tried before Pool, J., at Spring Term, 1871, of Hertford Superior Court. The plaintiff.declared on a single bill, the execution of which was admitted; the defendants relied upon the pleas, of fully administered and no assets.

Decided 1871-06-05

Read®, J.

¶1 The only question is, whether real estate is assets to pay debts before the same has been sold, and the proceeds received by the administrator ?

¶2 Recent decisions settle the question in the negative. 64 N. C. R., Fike v. Green, and the cases there cited.

¶3*379 It may be, that in a case oí negligence the administrator would be liable on his bond for not obtaining license and selling ; but that is not before us.

¶4 There is error.

¶5 Pee Cueiam. Venire ele novo.

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