Legal Opinion

Rencher v. . Wynne

Supreme Court of North Carolina

Decided February 5, 1882PublishedCited by 13 opinions

Civil Action removed- from Franklin County and tried at Spring Term, 1880-, of Warren Superior Court, before Gudger, J, The plaintiff is the wife of D. W. Rencher to who-m she was married in 1866, and brings this action to recover in damages the value of the property described in the complaint, (carriage, horses, mules and other stock, farming implements, &c.,) and sold by the defendant sheriff of Frank--lin county, under execution against her husband.

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Civil Action removed- from Franklin County and tried at Spring Term, 1880-, of Warren Superior Court, before Gudger, J, The plaintiff is the wife of D. W. Rencher to who-m she was married in 1866, and brings this action to recover in damages the value of the property described in the complaint, (carriage, horses, mules and other stock, farming implements, &c.,) and sold by the defendant sheriff of Frank--lin county, under execution against her husband. Verdict and judgment in favor of the plaintiff, appeal by defendant.

1Opinion of the CourtSmith, C. J.

The defendant, sheriff, under an execution issued against D. W. Rencher seized and sold for its satisfaction the several articles of personal property described in the complaint and for the recovery of the value of which the action is brought.

The plaintiff derives her title under a deed from the said Rencher, her husband, to her executed on November 11th, 1874, and proved and registered a few days thereafter; and the controversy is as to the bona fides and legal sufficiency of the conveyance against the creditors who had sued out the process, under whose authority the defendant acted in…

2Cases cited2 opinions

  1. Babcock v. . EcklerNew York Court of Appeals · 1862
  2. Cheatham v. . HawkinsSupreme Court of North Carolina · 1879

3Cited by13 opinions

  1. Michael v. . FoilSupreme Court of North Carolina · 1888
  2. McDonald v. . CarsonSupreme Court of North Carolina · 1886
  3. Shaw v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1915
  4. State v. . BookerSupreme Court of North Carolina · 1898
  5. State v. . ThomasSupreme Court of North Carolina · 1887

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