Mebane v. . Layton
Supreme Court of North Carolina
Civil Action tried at January Special Term, 1882, of Guilford Superior Court, before Oudger, J. The plaintiffs, suing for themselves and other creditors of the defendant, Alfred Layton, allege that he is indebted to the plaintiff, Mebane, by two justice’s judgments, one for the sum of $11.85 and costs rendered upon an open account contracted in 1866; and the other for $20.72 and costs, both of which have been “docketed in the superior court;” and also by a note for $37.43…
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Civil Action tried at January Special Term, 1882, of Guilford Superior Court, before Oudger, J. The plaintiffs, suing for themselves and other creditors of the defendant, Alfred Layton, allege that he is indebted to the plaintiff, Mebane, by two justice’s judgments, one for the sum of $11.85 and costs rendered upon an open account contracted in 1866; and the other for $20.72 and costs, both of which have been “docketed in the superior court;” and also by a note for $37.43 due since September 1863; that he is also indebted to the plaintiff, Coble, in his own right by bond for $110.00 due the…
1Opinion of the CourtRuffin, J.
By their demurrer, the defendants admit the demands of the plaintiffs; the existence of other creditors and claims against the debtor; his insolvency; and his covinous attempt to secrete his effects, and, with the cooperation of his mother and wife, to secure them for his own ease and comfort. It is difficult then to conceive of anything more that can be needed to entitle the plaintiffs to the relief they seek at the hands of a court of equity.
If the two active creditors had sued for their own benefit only, a simple allegation of the insolvency of the debtor might have been, and in fact would…
2Cases cited5 opinions
- Edmeston v. LydeNew York Court of Chancery · 1829
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Murphy v. . McNeillSupreme Court of North Carolina · 1880
- Fisher v. . WebbSupreme Court of North Carolina · 1881
- Wall, Gay v. . Fairley, McEachin .Supreme Court of North Carolina · 1875
3Cited by10 opinions
- State v. Georgia Co.Supreme Court of North Carolina · 1893
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1893
- Eddleman v. . LentzSupreme Court of North Carolina · 1911
- Summit Silk Co. v. Kinston Spinning Co.Supreme Court of North Carolina · 1911
- Silk Co. v. . Spinning Co.Supreme Court of North Carolina · 1911
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