Gibson v. Williams

Decision Date30 June 1803
Citation3 N.C. 281
CourtNorth Carolina Supreme Court
PartiesGIBSON & OTHERS v. WILLIAMS, HEIR OF WILLIAMS.

1. If an heir pay debts of his ancestor, so much of the lands descended, as such payments are worth, shall be deemed to have been purchased by the heir, and shall not be affected by the other debts.

2. As to the other part of the land, it shall be charged, not according to its value at the time of the descent to the heir, but its value at the time he sold it.

3. On the surplus beyond the amount paid for the ancestor, the heir shall not be liable for interest.

This was a sci. fa. to subject him to the payment of a debt recovered against the executor of Wm. Williams, his ancestor. He pleaded that he had nothing by devise, and as to what he had by descent, that he had in 1796 mortgaged the lands descended to certain creditors of his ancestor for eighteen hundred dollars, and had paid bond debts besides, to the value of the lands. It appeared he had in 1801 sold the equity of redemption, and these questions arose as to the value above the debts paid for his ancestor—First; shall he pay interest for the surplus? and it was held by Marshall and Potter, Judges, that he should not. Secondly; as to the value shall it be estimated, as worth at the death of the ancestor, or at the time of the mortgage, or at the time of sale in 1801?

Per Curiam. So much of the lands as the money secured by the mortgage was worth, shall be deemed to have been purchased by the heir, by payment of the debts of the ancestor; the surplus of the land shall be estimated as worth at the time of sale in 1801. It must not be valued as worth at the time of descent to the defendant, for the intermediate profits are a recompence for the expenses incident to holding the land, such as taxes and the like.

Verdict and judgment accordingly.

NOTE.—See Williams v. Askew. 6 N. C., 28; Speight v. Wade, Ibid. 295; S. C. 4 N. C., 29; Ricks v. Blount, 15 N. C., 128. See also 1 Rev. Stat, ch. 63, sec. 15.

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