Cabarrus County NcArchives Court.....Mary E. Pitts Et Al, George L. Gibson, Adm'r V. 1873
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Connie Ardrey n/a December 13, 2009, 8:14 am

Source: North Carolina Reports June Term
Written: 1873

George L. Gibson, Adm'r v. Mary E. Pitts et al

Upon a petition by an administrator to sell land for the purpose of making 
assets to pay debts, any person who admits to be the owner of the land has the 
right to be made a party and to have an inquiry made as to his title in due 
course of law.

This was a Petition by the plaintiff as administrator of Moses Pitts, filed 
before the clerk of the Superior Court of Cabarrus County, for the sale of 
certain lands of his intestate to make assets for the payment of the debts of 
the intestate. It was taken by appeal to the Superior Court, where at the last 
term it was decided by Logan, J., in faovr of the plaintiff, and the 
defendants appealed. The case is sufficiently stated in the opinion of the 
Court.

R. Barringer, for the defendants
W.H. Bailey, for the plaintiff

[NC Supreme Court]
Reade, J. The plaintiff's administrator asks for license to sell two tracts of 
land of the estate of his intestate to pay debts, and we agree with his Honor 
that he is entitled to the license. But Sally Pitts, the widow of the 
intestate, comes in and asks to be made a defendant, and claims as her 
individual property one undivided eighth part of one of the tracts, the Miller 
tract, and that the same shall be allotted to her. The clerk refused to allow 
her to litigate her rights, upon the ground that he had no power to try the 
title. The case was appealed from the clerk to the Judge, and he affirmed the 
decision of the clerk.

In this we think his Honor erred. Upon the supposition that Sally Pitts had an 
interest in the land as claimed, the plaintiff had no right to cloud her title 
by a sale under an order of the Court. And his Honor ought to have had an 
inquiry as to her title, and if found for her to have allotted her share, or 
else provided that a share of the proceeds of sale equal to her interest in 
the land should be paid over to her by the plaintiff. Her rights might have 
been passed upon by submitting an issue to a jury.

There is error. This will be certified, that further proceedings may be had in 
conformity with this opinion.

File at: http://files.usgwarchives.net/nc/cabarrus/court/maryepit1251wl.txt

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