Brown v. . Brittain
Supreme Court of North Carolina
Civil Action tried at June Special Term, 1880, of Henderson Superior Court, before Schenclc, J. The action was commenced before a justice of the’peace and founded upon two notes under seal, both dated May 20th, 1875, due one day after date and payable to McMur-ray & Davis.
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Civil Action tried at June Special Term, 1880, of Henderson Superior Court, before Schenclc, J. The action was commenced before a justice of the’peace and founded upon two notes under seal, both dated May 20th, 1875, due one day after date and payable to McMur-ray & Davis. By a deed of trust bearing date the 5th of June, 1875, and registered on the 7th of the same month, MeMu-rray & Davis assigned the said notes and all the property and effects owned by them as merchants and partners in the town of Charlotte, to John L. Brown, with power to sell the personal and real property conveyed,…
1Opinion of the CourtAshe, J.
The plaintiff, Brown, by the deed of trust became the owner of the notes in suit, and by its registration on the 7th of June, 1875, all creditors and subsequent purchasers became affected with notice; after that, Hastings as a creditor, was only entitled to. a pm vata share in the distribution of the fund in the hands of Brown as trustee, provided he complied with the terms of the deed of trust, by proving his debt before the trustee; and by his assignment of the account against .McMurray <& Davis he could only transfer such interest as he had, nothing more. One who takes by assignment an…
2Cases cited1 opinion
- Tabor v. . WardSupreme Court of North Carolina · 1880
3Cited by4 opinions
- Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
- In Re Bank of SampsonSupreme Court of North Carolina · 1933
- McMinn v. . PattonSupreme Court of North Carolina · 1885
- Commissioner of Banks Ex Rel. Citizens Bank v. WhiteSupreme Court of North Carolina · 1932