{
  "id": 8659330,
  "name": "HARRINGTON v. HATTON",
  "name_abbreviation": "Harrington v. Hatton",
  "decision_date": "1901-10-22",
  "docket_number": "",
  "first_page": "146",
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    "name": "Supreme Court of North Carolina"
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      "cite": "74 N. C., 335",
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  "last_updated": "2023-07-14T17:00:26.986874+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "HARRINGTON v. HATTON."
    ],
    "opinions": [
      {
        "text": "OlaeK, J.\nThe jury having found that the defendant J ames R. Davenport was a \u201cpurchaser for a valuable consideration and without knowledge of any fraud\u201d on the part of E. N. Hatton, of the lands described in the petition, the Court properly refused judgment to compel the administratrix of E. N. Hatton to sell the land to make assets. Proviso to Code, sec. 1446; Paschal v. Harris, 74 N. C., 335; Heck v. Williams, 79 N. C., 437; Egerton v. Jones, 107 N. C., at page 290; McCaskill v. Graham, 121 N. C., 190. The reason is that in such case the purchaser has gotten a valid title to whatever interest the vendor had (Savage v. Knight, 92 N. C., 493, 53 Am. Rep., 423), and there is nothing which his personal representative can sell. Such sale by E. N. Hatton, it is true, could not impair whatever lien his judgment creditor had by virtue of his prior docketed judgment, but the creditor must proceed to enforce that lien by some direct proceedings on his part. Upon the issues found, E. N. Hatton had no interest in the land, and-the Judge properly refused to order, the administratrix to sell for assets E. N. Hatton\u2019s interest in the land, since, after the execution of his conveyance, he had no\u2019 interest left which could have passed to his heirs-at-law, and hence nothing to be turned into assets by his administratrix. If the issue had been found the other way, the judgment would have been different, of course. Paschall v. Harris, supra, is exactly \u201c on all-fours.\u201d Murchison v. Williams, 71 N. C., 135, presents an entirely different state of facts. There the property subject to the lien of the docketed judgment descended to the judgment debtor\u2019s heirs-at-law, who had a right to have the personalty applied first, and the administrator had the right to sell the land for assets, if necessary, and discharge the judgment. Here, there is only $50.00 personalty, and, by reason of E. N. Hatton\u2019s conveyance, no interest in the realty descended to the heirs-at-law. Hence, there is nothing which can be sold by tbe administratrix to' make assets. What the creditor must seek to enforce is a sale of the realty by virtue of his judgment lien, and not to apply E. N. Hatton\u2019s interest therein to his debt. If by the lapse of time plaintiffs judgment lien had been lost, the benefit would have accrued to Hatton\u2019s vendee and not to Hatton\u2019s heirs-at-law.\nIn this proceeding, though begun, before the Clerk, the purchaser, as well as the administratrix and heirs-at-law, are parties, and judgment should have been rendered directing a sale of the property under the judgment lien. Code, sec. 255, as amended by the Laws of 1881, Chap. 276; Roseman v. Roseman, 127 N. C., 494; Faison v. Williams, 121 N. C., 152, and other cases cited in Clark\u2019s Code (3d Ed.), page 267. All the parties being before the Court, there is no reason to compel the bringing of a new action, but the plaintiff should Lave any relief his allegations and proofs entitle him to, whether prayed for or not. Clark\u2019s Code (3d Ed.), pago 200.\nIn refusing the prayer of the petition, there was no error, but there was error in dismissing the action. The cause is remanded for proper judgment. The judgment below as to costs is affirmed, and the costs of the appeal will be divided. Code, sec. 527.\nRemanded for judgment.",
        "type": "majority",
        "author": "OlaeK, J."
      }
    ],
    "attorneys": [
      "A. M. Moore, for the plaintiff.",
      "Blcinner & Whedbee, for the defendants."
    ],
    "corrections": "",
    "head_matter": "HARRINGTON v. HATTON.\n(Filed October 22, 1901.)\n1. EXECUTORS AND ADMINISTRATORS \u2014 Fraudulent Conveyances- \u2014 Creditors\u2014Innocent Purchasers \u2014 The Code, Sec.' 1448.\nAn administrator can not be compelled, under Tbe Code, se i. 1446, to sell property fraudulently conveyed by bis intestate and in tbe bands of innocent purchasers.\n2. JURISDICTION \u2014 Executors and Administrators \u2014 Clerks of Courts'\u25a0 \u2014 -Appeal-\u2014The Code, Sec. $55- \u2014 Acts 1887, Chap. 276.\nIn a proceeding by a judgment creditor to compel a sale ot property of decedent, on appeal from tbe Clerk to tbe Superior Court, judgment should be rendered directing a sale of tbe property under tbe judgment lien, all tbe .parties being before the Court.\nPeoceediNG by W. H. Harrington against P. E. Hatton, administratrix, and others, heard by Judge IT. A. Hohe and a jury, at August \u201c(Special) Term, 1901, of the Superior Court of Pitt County. From a judgment for the defendants, the plaintiff appealed.\nA. M. Moore, for the plaintiff.\nBlcinner & Whedbee, for the defendants."
  },
  "file_name": "0146-01",
  "first_page_order": 178,
  "last_page_order": 180
}