Halifax County NcArchives Court.....Gregory, Vs. Hooker 1811-18 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 June 12, 2008, 11:30 pm Source: North Carolina Reports Written: 1811-18 January Term 1813. Mary Gregory v. Stephen R. Hooker, Administrator, etc. From Halifax. The truth of the plea "fully administered" must be tested when process is served or when the plea is pleaded. After that time an executor or administrator is not at liberty to dispose of the property of the testator or intestate, although it was proper to do so before. He can sell only before the lien of the creditor attaches upon the goods of the deceased debtor. The plaintiff brought suit against the defendant in Halifax County Court, returnable to August Term, 1810, when the defendant pleaded, "Fully administered, no assets, judgment, bonds, etc., no assets ultra, property sold under act of Assembly, and the money not yet due." The case was taken to the Superior Court, and at April Term, 1812, the defendant moved for leave to add, as of November Term, 1810, of the County Court, a plea, "Since the last continuance, that the residue of the property had been sold under the act of Assembly," and founded his motion on an affidavit which stated in substance that, he administered at February term of Edgecombe County Court, 1810, and at the following term, having notice of debts due from the estate, sold some of the estate according to the act of Assembly; and that afterwards having notice of more debts, he did, before November Term, 1810, sell the residue of the property. Of all which his counsel was informed, and was required to plead everything necessary for his defense as an administrator. That at the pending May term the writ in this case was served on him, and at August, following his counsel entered the pleas then necessary for his defense, but omitted to plead at the following November the sale of the residue of the estate. Hall, J. It may be a hard case on the defendant, if he shall have the plaintiff's debt to pay out of his own pocket; but the truth of the plea of "fully administered," in point of time, must be tested when process is served, or when pleaded; after that time the defendant is not at liberty to dispose of the property, under the acts of Assembly alluded to in the affidavit, although it was proper to do so before. Those acts of Assembly did not intend to deprive a creditor of the lien which the commencement of an action might give him on the goods of the deceased. He can sell only before that lien attaches. The application to enter the plea must be refused. Additional Comments: North Caroline Reports, Vol. 6, Cases Argued and Determined in the Supreme Court of North Carolina, Reported by A.D. Murphey, Annotated by Walter Clark. 1811 to 1813, Inclusive and at July Term, 1818. Reprinted by the State. E.M. Uzzell and Company, State printers and binders, 1910. File at: http://files.usgwarchives.net/nc/halifax/court/gregory558gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 3.3 Kb