Sinclair v. . McBryde

Ashe, J. We are of the opinion there was no error in the judgment rendered by His Honor in the superior court. The proceeding, though not in form, is in substance and effect, in the nature of a creditor’s bill. The plaintiff does not seek to recover his debt alone out of *440 the land of the defendant’s testator, but to make the land assets for the payment of all the debts of the testator; so that when the land is sold by the executrix and the proceeds of the sale collected, it will be assets in her hands for the payment' of all the debts of her testator according to their dignities. The commencement of this proceeding by the plaintiff will give him no preference over any other debt of equal dignity. It is to all intents and purposes a proceeding in behalf of all the creditors of the decedent, and any creditor might have come in, and may yet come in and make himself a party plaintiff. In the case of Wilson & Sholer v. Bank of Lexington, 72 N. C., 621, which was a civil action against the bank to recover the amount of certain bills issued as currency, it was held that it was not necessary to join as plaintiffs all persons holding bills of the bank, for being in the nature of a creditor’s bill, such holders may at any time come in and be made parties and share the recovery. This case is analagous, and establishes the principle which governs the case before us. There is no error. Let this be certified to the superior court of Robeson county that further action may be taken in the case according to law. No error. Affirmed.