Branch v. . Griffin
Supreme Court of North Carolina
Judicial Sale — Record—Purchaser for Value — Trustee— Devise — Evidence—Fraud. DEPENDANTS’ APPEAL. Civil action, tried before Merrimon, J, at Spring Term, 1887, of Nash Superior Court. It is alleged and admitted, that on February 9th, 1883, Presley Griffin executed to the plaintiffs his note for $791.65, and that on January 27th, 1881, he executed to Wm.
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Judicial Sale — Record—Purchaser for Value — Trustee— Devise — Evidence—Fraud. DEPENDANTS’ APPEAL. Civil action, tried before Merrimon, J, at Spring Term, 1887, of Nash Superior Court. It is alleged and admitted, that on February 9th, 1883, Presley Griffin executed to the plaintiffs his note for $791.65, and that on January 27th, 1881, he executed to Wm. Barnes his note for the sum of $200; and that for the purpose of securing the payment of these notes, he' and Margaret, his wife, •executed to the plaintiffs a mortgage upon the real estate mentioned in the pleadings; that the sum of $121.25…
1Opinion of the Court
Davis, J.,
(after stating the case). 1. There is with the record sent to this "Court a voluminous transcript of certain proceedings, commenced by a summons regularly issued on the 12th day of April, 1886, by the Clerk of the Superior Court of Nash, at the instance of A. Branch and T. J. Hadley (who are the plaintiffs in this action) v. W. H. Griffin and others, (naming them, who are the defendants in this action,) returnable, to Spring Term, 1886, to restore and perpetuate certain records alleged to have been lost or destroyed. That proceeding was by petition and seems to have been prosecuted…
2Cases cited13 opinions
- England v. . GarnerSupreme Court of North Carolina · 1884
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- McDowell v. LockhartSupreme Court of North Carolina · 1885
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