Bank of Union v. Redwine
Supreme Court of North Carolina
Civil actioN tried before Garter, J., and a jury, at October Term, 1915, of UNION. This action was instituted by the Bank of Union against the defendant R. B. Redwine and others, for the purpose of establishing its right in and to ten shares of the capital stock of the Lake Land and Lumber Company, belonging to the defendant E. C. Williams and by him assigned to the plaintiff bank as security for certain indebtedness; the immediate purpose of the action being to restrain the…
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Civil actioN tried before Garter, J., and a jury, at October Term, 1915, of UNION. This action was instituted by the Bank of Union against the defendant R. B. Redwine and others, for the purpose of establishing its right in and to ten shares of the capital stock of the Lake Land and Lumber Company, belonging to the defendant E. C. Williams and by him assigned to the plaintiff bank as security for certain indebtedness; the immediate purpose of the action being to restrain the defendant John 0. Sikes, trustee for R. B. Redwine, from proceeding to sell said shares of stock under a deed of trust…
1Opinion of the CourtAlleN, J.
It is well to consider, first, the exceptions taken by the defendant upon the trial of the issues submitted to the jury, as the verdict has an important bearing on the construction and legal effect of the deed of trust under which the defendant claims the certificate of stock in controversy, and the following are the material questions raised by these exceptions:
1. Are the issues sufficient to sustain the judgment correcting the deed of trust?
2. Was there sufficient evidence of mistake to justify submitting the question to the jury?
3. Was the maker of the deed of trust guilty of such…
2Cases cited11 opinions
- Merriam v. United StatesSupreme Court of the United States · 1883
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- Dellinger v. . GillespieSupreme Court of North Carolina · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Haley v. Sharon Township Mutual Fire InsuranceSupreme Court of Minnesota · 1920
- Avery County Bank v. SmithSupreme Court of North Carolina · 1923
- J. B. Colt Co. v. KimballSupreme Court of North Carolina · 1925
- Hunter v. . SherronSupreme Court of North Carolina · 1918
3 more not listed; retrieve them via the Exa API.