Supreme Court of North Carolina, 1933

Stewart v. . Doar

Stewart v. . Doar
Supreme Court of North Carolina · Decided June 28, 1933 · Stacy
169 S.E. 804; 205 N.C. 37; 1933 N.C. LEXIS 454 (South Eastern Reporter)

Stewart v. . Doar

Opinion of the Court

Stacy, C. J.

The 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 “specific lien on property,” unless made so by its terms, as to come within the first class mentioned in the statute.

Upon the record as presented, the judgment is correct. Murchison v. Williams, 71 N. C., 135.

Affirmed.

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