{
  "id": 8626597,
  "name": "CARRIE L. STEWART, Administratrix, v. PH\u0152BE DOAR et al.",
  "name_abbreviation": "Stewart v. Doar",
  "decision_date": "1933-06-28",
  "docket_number": "",
  "first_page": "37",
  "last_page": "38",
  "citations": [
    {
      "type": "official",
      "cite": "205 N.C. 37"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "71 N. C., 135",
      "category": "reporters:state",
      "reporter": "N.C.",
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        11277208
      ],
      "opinion_index": 0,
      "case_paths": [
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      ]
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    {
      "cite": "70 N. C., 500",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8697581
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/70/0500-01"
      ]
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  "last_updated": "2023-07-14T16:12:31.066060+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "CARRIE L. STEWART, Administratrix, v. PH\u0152BE DOAR et al."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nThe question propounded is answered by the statute. It is provided by C. S., 93 that the debts of a decedent shall he paid in classes, funeral expenses constituting the second class, and docketed judgments, to the extent of the lien (Jerkins v. Carter, 70 N. C., 500), the fifth. The lien of a docketed judgment, which is eo nomine put in the fifth class, is not such a \u201cspecific lien on property,\u201d unless made so by its terms, as to come within the first class mentioned in the statute.\nUpon the record as presented, the judgment is correct. Murchison v. Williams, 71 N. C., 135.\nAffirmed.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "No counsel appearing fdr plaintiff.",
      "R. Lee Wright for defendants."
    ],
    "corrections": "",
    "head_matter": "CARRIE L. STEWART, Administratrix, v. PH\u0152BE DOAR et al.\n(Filed 28 June, 1933.)\nExecutors and Administrators D e \u2014 Docketed judgment com.es within fifth class enumerated by statute prescribing priority.\nA docketed judgment against the lands of a deceased comes within the fifth class enumerated by the statute prescribing priority, O. S., 93, and, unless made so by its terms, is not such a \u201cspecific lien on property\u201d as to bring it within the first class enumerated by the statute.\nAppeal by defendants from Warticle, J., at February Term, 1933, of RowaN.\nProceeding to sell land to make assets, and to determine priority of application.\nThe defendants were judgment creditors of plaintiff\u2019s intestate at the time of his death. He died seized and possessed of a tract of land in Rowan County, which has been sold to make assets. The personal estate of decedent is insufficient to pay his debts.\nThe following question was submitted to the court for decision on an agreed statement of facts: \u201cDo the judgments of the defendant against the lands of the deceased, taken during his lifetime, have precedence and priority over a claim for funeral expenses for the burial of the deceased ?\u201d\nThe court held \u201cthat the judgments of the defendants, although duly docketed on real estate several years preceding the death of the judgment debtor, do not have precedence and priority over a claim for funeral expenses; it is, therefore, ordered and adjudged, that the proceeds from the sale of said lands shall first be applied .to the payment of funeral expenses before any part shall be applied on the judgments of the defendants.\u201d\nFrom this ruling, the defendants appeal, assigning error.\nNo counsel appearing fdr plaintiff.\nR. Lee Wright for defendants."
  },
  "file_name": "0037-01",
  "first_page_order": 101,
  "last_page_order": 102
}