Cogdell, Assignee v. . Exum
Supreme Court of North Carolina
Civil action, tried before Tourgee, J., at the December (Special) Term, 1872, of the Superior Court of Wayne county. The summons in this case was issued by Z. L. Thompson, the then plaintiff, in September, 1870, who in his complaint alleged that the defendant held and had held a tract of land in .trust for him ever'since May, 1868, and demanded an acebünt for rents* &c., and also a conveyance of the land.
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Civil action, tried before Tourgee, J., at the December (Special) Term, 1872, of the Superior Court of Wayne county. The summons in this case was issued by Z. L. Thompson, the then plaintiff, in September, 1870, who in his complaint alleged that the defendant held and had held a tract of land in .trust for him ever'since May, 1868, and demanded an acebünt for rents* &c., and also a conveyance of the land. Defendant, 4th February, 1871, filed his answer denying the material allegations in the complaint, and charging that the plaintiff, Thompson, had been adjudicated a bankrupt. On the 6th- of…
1Opinion of the CourtSettle, J.
This action was originally instituted on the 19th of September, 1870, by one Thompson, who had been adjudged a bankrupt on the 29th of December, 1868, but has not yet received his discharge. He alleges that the defendant has held a tract of land in trust for him, ever since May, 1868, and demands an account, and payment of rents, and a conveyance of the land, etc.
The present plaintiff was appointed assignee of Thompson on the 25th of February, 1869, but was not made a party to this action until Spring Term, 1872, of Wayne Superior Court, being March the 11th, of that year.
His Honor being of…
2Cases cited3 opinions
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