Estate of Hite

Citations

• 1 Myrick 232

Syllabus

<p>Distribution.—Assignee of deceased heib entitled to have assigned property DIRECTLY DISTRIBUTED TO HIM, IN SATISFACTION OF A DEBT HELD BY THE ASSIGNEE AGAINST HEIR AND SECUBED BY SUCH ASSIGNMENT.</p> <p>But the Court cannot, to facilitate the transaction, order a sale of any real estate; as that would be in the province of the Court having jurisdiction of the estate of the deceased heir. ¡</p> <p>Nor can the Court distribute property to the holder of an assignment coupled with a defeasance in case of payment of the debt; inasmuch as such a transaction would be more in the nature of a mortgage than of a devesting of legal title.</p> <p>Construing section, C. C. P., 1678.</p>