Ex parte Hydrick

The petition filed herein sets out in the schedule of assets 96 acres of land, and buildings, of the value of $1,500, and 26 acres of unencumbered land of the value of $250, and assets in personal property of the value of $225; showing total assets of $1,975; and listing as debts, mortgage claim of First Carolinas Joint Stock Land Bank, mortgage on the 96-acre tract, of $2,500, and current indebtedness of small items, amounting to $50, making total indebtedness of $2,550. The matter was heard before the conciliation commissioner, whose report sets out in effect that the 96-acre tract under mortgage to the First Carolinas Joint Stock Land Bank was the property o'f Calvin D. Hydrick, deceased, the husband of the petitioner, and that the bond and mortgage securing the same were executed by Calvin D. Hydrick prior to his death;- that the said Calvin D. Hydrick by will devised the said 96-acre tract of land so mortgaged to the petitioner, Margaret L. Hydrick, and, after her death, to the testator’s son. The report of the *147 commissioner submitted the finding that the lien on the 96-acre tract of land so devised by Calvin D. Hydrick was not the obligation or debt of petitioner, but…