Hickson Lumber Co. v. Gay Lumber Co.
Supreme Court of North Carolina
ActioN beard by Neal, J., at June Term, 1908, of Lenoir. This is a proceeding instituted in- tbe Superior Court of Lenoir County to wind up tbe affairs' of the defendant, tbe Gay Lumber Company, to which tbe creditors of said corporation are parties. Tbe cause was referred to a referee, who made bis report, to which exceptions were filed by certain creditors whose interests are affected by bis rulings.
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ActioN beard by Neal, J., at June Term, 1908, of Lenoir. This is a proceeding instituted in- tbe Superior Court of Lenoir County to wind up tbe affairs' of the defendant, tbe Gay Lumber Company, to which tbe creditors of said corporation are parties. Tbe cause was referred to a referee, who made bis report, to which exceptions were filed by certain creditors whose interests are affected by bis rulings. A final decree was entered by bis Honor, Judge Neal, at June Term, 1908, of tbe Superior Court of Lenoir County, passing on tbe exceptions and adjudicating the" rights of tbe parties. This…
1Opinion of the CourtBrown, J.
The controversy presented by this appeal is clearly stated in the brief of the learned counsel for appellants, in these words: “The only question which we desire to present on tbis appeal is whether the mortgage to James II. Pou covers the property specifically described in the mortgage to the Hickson Lumber Company by virtue of the following language contained in the Pou mortgage: 'also all the property, real, personal, or mixed, wheresoever thé same is situated, now owned by the Gay Lumber Company or shall be owned during the continuance of the liability hereinafter mentioned.’ We insist…
2Cases cited11 opinions
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Hammock v. Loan & Trust Co.Supreme Court of the United States · 1882
- Toledo, Delphos & Burlington Railroad v. HamiltonSupreme Court of the United States · 1890
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3Cited by23 opinions
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
- Minnesota Loan & Trust Co. v. Peteler Car Co.Supreme Court of Minnesota · 1916
- Bank of California v. Clear Lake Lumber Co.Washington Supreme Court · 1928
- Cox v. . Lighting Co.Supreme Court of North Carolina · 1909
- Standard Dry-Kiln Co. v. EllingtonSupreme Court of North Carolina · 1916
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