Legal Opinion

Jones v. . Thorne

Supreme Court of North Carolina

Decided January 5, 1879PublishedCited by 18 opinions

MotioN by plaintiffs for the appointment of a Receiver, heard at Chambers in Tarboro, on the 25th day of October, 1878, before Seymour J. The action in which this motion was made was brought to recover a tract of land in Warren county.

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MotioN by plaintiffs for the appointment of a Receiver, heard at Chambers in Tarboro, on the 25th day of October, 1878, before Seymour J. The action in which this motion was made was brought to recover a tract of land in Warren county. The plaintiffs alleged that on the 10th of August, 1869, the defendant, Thorne, bought the land of one Albert Johnson, and to secure a balance of the purchase money executed notes and a deed in trust to Johnson, who thereafter assigned the same to J. M. Heck ; that Thorne made default and Heck, after advertisement, sold the land in pursuance of a power…

1Opinion of the CourtSmith, C. J.

This action was commenced on the 9th of May, 1878, and the complaint, with its accompanying exhibits, the mortgage deed, the assignment to Heck, and the latter’s deed to the feme plaintiff, was verified on the 9th of June following; and on the 19th of this month,after notice, application was made before Cox, J., at chambers, for an injunction and the appointment of a receiver to take charge of the land in dispute; and in support of the application, in addition to the complaint, the plaintiff, Mark P. Jones, filed an affidavit in which he alleges:—

1. That the defendants are insolvent,. and if…

2Cases cited1 opinion

  1. First National Bank of Charlotte v. JenkinsSupreme Court of North Carolina · 1870

3Cited by18 opinions

  1. Henry v. . HilliardSupreme Court of North Carolina · 1897
  2. Roulhac v. . BrownSupreme Court of North Carolina · 1882
  3. Wilson v. . LinebergerSupreme Court of North Carolina · 1880
  4. Baker v. GarrisSupreme Court of North Carolina · 1891
  5. Barnes v. KochharCourt of Appeals of North Carolina · 2006

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