Rawls v. Mayo

• Decision Date: 17 September 1913
• Citation: 79 S.E. 298,163 N. C. 177
• Court: North Carolina Supreme Court
• Parties: RAWLS et al. v. MAYO.

79 S.E. 298

(163 N. C. 177)

RAWLS et al.

v.MAYO.

Supreme Court of North Carolina.

Sept. 17, 1913.

Appeal from Superior Court, Beaufort County; Whedbee, Judge.

Suit by S. P. Rawls and others against James L. Mayo. From a judgment in favor of plaintiffs, defendant appeals. Affirmed.

On March 17, 1908, L. R. Mayo and wife gave to James L. Mayo an option to purchase the land he bought of E Tuthill at any time on or before July 15, 1908, for $6,000. At that time Mayo's ownership of said tract was subject to an agreement with Whilden Springer made May 7, 1904, and duly recorded November 21, 1907. In April, 1908, L. R. Mayo died, leaving a last will and testament.

James L. Mayo in apt time brought suit against the personal representative, heirs at law and devisees of L. R. Mayo, to enforce his option. Judgment was rendered at October court, 1908, declaring him entitled to a deed conveying said land upon the payment of $6,000 to the administrator.

Whilden Springer brought suit against the personal representative, heirs at law and devisees of L. It Mayo (James L. Mayo was son of L. R. Mayo and a devisee under his will), to enforce his contract made with L. R. Mayo on May 7, 1904. The cause was heard at December term, 1910, and judgment entered dividing said lands between James L. Mayo and Whilden Springer.

It seems to have been agreed by the heirs at law (those of them that were over 21 years of age) that, as James L. Mayo only got a title to a half interest in the land on account of L. R. Mayo's agreement with Springer, he should pay only one-half, or $3,000.

The plaintiffs were parties to both of said actions, but some of them were infants. In the second of said actions the followingjudgment was entered: "It is now by eon-sent of the parties and their said attorneys adjudged and decreed by the court as follows." Then follow seven paragraphs, which it is not necessary to set out, and then the following: "It is further adjudged that the proceeds of sale of said land to Jas. L. Mayo shall be treated as real estate assets accounted for by said administrator as such."

The defendants claim that J. L. Mayo has paid the sum of $3,000 due by him to the devisees under the will of L. R. Mayo, but this is not found as a fact. The will of L. R. Mayo bequeathed to his wife $1,000 in cash, and to his son Samuel $500 in cash, and to his son John B. Mayo $2,000 in cash. These legacies have not been paid, and the administrator has no funds with which to pay them and refuses to sell real estate to make assets with which to pay them; all the personal estate having been exhausted.

This suit is brought to compel the...