Satterfield v. Manning, 228 N.C. 471 (1948)

Jan. 30, 1948 · Supreme Court of North Carolina

228 N.C. 471

F. G. SATTERFIELD, J. S. SATTERFIELD and WALKER STONE, Formerly Trading and Doing Business as SATTERFIELD & STONE, Creditors of the Estate of SALLIE A. RIGSBEE, in Their Own Behalf and in Behalf of All Other Creditors of Said Estate, Plaintiffs, v. JOHN T. MANNING, Successor Administrator of the Estate of SALLIE A. RIGSBEE, Deceased; MATTIE T. BITTING (Divorced); ROSA L. FULFORD and Husband, W. A. FULFORD; ZOA L. HAYWOOD (Widow); MARY E. MIDDLETON (Widow); WILLIS BRIGGS, Guardian of MARY E. MIDDLETON; R. H. RIGSBEE and Wife, LELIA H. RIGSBEE; S. C. BRAWLEY, JR., Administrator c. t. a. of the Estate of W. T. RIGSBEE, Deceased; R. M. BUSSELL and Wife, IDA B. BUSSELL; MRS. WYLANTA R. AYCOCK (Widow); WACHOVIA BANK & TRUST COMPANY, Trustee; A. L. CARVER and Wife, MURTIS P. CARVER; CARL H. COZART and Wife, EVELYN F. COZART; WILLIAM W. COZART and Wife, LUCY F. COZART; WILLIE L. CURRIN and Wife, ILA F. CURRIN; NORTHWOOD REALTY COMPANY; DURHAM BANK & TRUST COMPANY; HOME SECURITY LIFE INSURANCE COMPANY; C. S. HICKS, Trustee; THE LIFE & CASUALTY INSURANCE COMPANY OF TENNESSEE, INCORPORATED; SYDNEY F. KEEBLE, Trustee; OCCIDENTAL LIFE INSURANCE COMPANY OF RALEIGH, NORTH CAROLINA; C. E. HYRE, Trustee, Defendants.

(Filed 30 January, 1948.)

Appeal by certain offfhe defendants from Bone, J., at October Term, 1947, of Dueham.

Reversed.

This was an action by tbe plaintiffs as creditors of the estate of Sallie A. Rigsbee, deceased, to require the sale of certain real property of which it was alleged she died seized, to make assets to pay the debts of the estate. The defendants, Mrs. Zoa L. Haywood, Willis Briggs, guardian of Mary E. Middleton, R. H. Rigsbee and wife, Rosa L. Fulford and husband, Mattie T. Bitting, and The Life and Casualty Insurance Co. and Keeble, Trustee, demurred to the complaint for the reasons stated in the demurrer, and, from judgment overruling their demurrer, these defendants appealed.

Fuller, Reade ■& Fuller, Basil M. Watkins, and James L. Newsom for plaintiffs, appellees.

Brawley & Brawley, Egbert L. Haywood, and Victor S. Bryant for defendants, appellants.

DeviN, J.

In view of the opinion in Satterfield v. Manning, ante, 467, holding that the demurrer to the complaint in that action should have been sustained, and that thus the alleged rights of the plaintiffs as creditors of the estate of Sallie A. Rigsbee were not upheld, it follows that plaintiffs’ proceeding as creditors against certain real estate of the decedent must fail.

For this reason, the judgment below must be

Reversed.

Sohenok, Jv took no pai’t in the consideration or decision of this case.