Duke v. . Markham
Supreme Court of North Carolina
This was a civil ACTION, tried before Armfield, J., at January Term, 1890, of Durham Superior Court, for claim and delivery of certain personal property which the defendant, as Sheriff of Durham County, under executions in his hands against the Durham* Sash, Door and Blind Manufacturing Company, a corporation, had seized as the property of said corporation and advertised to sell to satisfy said -executions.
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This was a civil ACTION, tried before Armfield, J., at January Term, 1890, of Durham Superior Court, for claim and delivery of certain personal property which the defendant, as Sheriff of Durham County, under executions in his hands against the Durham* Sash, Door and Blind Manufacturing Company, a corporation, had seized as the property of said corporation and advertised to sell to satisfy said -executions. The plaintiff (as to this appeal) claims by virtue of a chattel mortgage executed to him by said corporation, September 4, 1889-, and registered the same day. It was in evidence that the…
1Opinion of the Court
Clakií, J.:
The Code, § 685, provides that “ any conveyance of its property, whether absolutely or upon condition, in trust or by way of mortgage, executed by any corporation, shall be void and of no effect as to the creditors of said corporation existing prior to or at the time of the execution of said deed,” provided such creditors shall commence proceedings to enforce the claims against said corporation within sixty days after the registration of such conveyance. It is not controverted here that the defendant, as Sheriff, seized the property of the corporation under valid executions against…
2Cited by6 opinions
- Blalock v. Kernersville Manufacturing Co.Supreme Court of North Carolina · 1892
- Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900
- Boston Safe-Deposit & Trust Co. v. HudsonCourt of Appeals for the Fourth Circuit · 1895
- Buchanan v. . HeddenSupreme Court of North Carolina · 1915
- Porter v. DavidsonU.S. Circuit Court for the District of Western North Carolina · 1894
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