Sawyer v. . Bray
Supreme Court of North Carolina
Civil actioN, tried before MacRae, J., at Fall Term, 1888, of Currituck Superior Court. It appeared that one Griggs, being indebted to divers persons, on the 22d day of January, 1886, conveyed a stock of goods in store to the plaintiff in trust to pay the indebtedness therein named. This deed was registered at 4 a. m. on the next day.
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Civil actioN, tried before MacRae, J., at Fall Term, 1888, of Currituck Superior Court. It appeared that one Griggs, being indebted to divers persons, on the 22d day of January, 1886, conveyed a stock of goods in store to the plaintiff in trust to pay the indebtedness therein named. This deed was registered at 4 a. m. on the next day. The plaintiff alleged that he at once took possession and was proceeding to execute the trust, having employed one Snowden as clerk, to assist him, in whose charge he put the property, when the defendant, the Sheriff of Currituck County, in plaintiff’s absence,…
1Opinion of the CourtShepherd, J.
Several exceptions were taken to the charge of his Honor, but the one which was chiefly relied upon in this Court, and which is sufficient to dispose of this appeal, is embraced in the instruction that “ even if the deputy did levy, unless he retained possession either by himself or his agent, the lien of the levy was lost, and the deed of assignment, if made and registered when there was no levy on the property, conveyed a good title to the goods to the plaintiff”
The ruling of the Court finds apparent support in the language of Ruffin, C. J., in Roberts v. Scales, 1 Ired., 88. He says “ that…
2Cases cited1 opinion
- Grant v. . HughesSupreme Court of North Carolina · 1880