Supreme Court of North Carolina, 1860

Carter v. . Greenwood

Carter v. . Greenwood
Supreme Court of North Carolina · Decided August 5, 1860 · PeaRson
58 N.C. 410
Carter v. . Greenwood

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

PeaRson, O. J.

There is no error in the decretal order appealed from. By the plaintiffs’ own showing, “ for the purpose of saving the expense and trouble of a regular administration,” they took possession of the estate of Samuel Carter and divided it out among themselves; thus acting in direct violation of the statute, which prohibits such an irregular in-termeddling with the estate of a deceased person, and subjects the parties to a penalty. It follows that the courts cannot aid or protect them from the consequences of their own illegal acts. This is settled, Ramsay v. Woodward, 3 Jones 508; Sharp v. Tanner, 4 Dev. and Bat. 122. The case admits of no further discussion at this stage of the proceeding.

Pbk Cubiam, Decretal order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.