Carter v. . Greenwood

Supreme Court of North Carolina
Carter v. . Greenwood, 58 N.C. 410 (N.C. 1860)
PeaRson

Carter v. . Greenwood

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.

Reference

Full Case Name
EDWARD S. CARTER AND OTHERS Ayainst MADISON GREENWOOD
Cited By
1 case
Status
Published