Edgecombe County v. Walston
Supreme Court of North Carolina
Civil actioN tried before Whedbee, J., at April Term, 1917, of Edge-COTMBE. By consent, tbe court found tbe facts as set out in tbe answer to be true, and tbat those not found in tbe answer, but set forth in tbe complaint, are also true. Tbe purpose of tbe action is to determine whether certain moneys listed for taxation by tbe clerk of tbe Superior Court, 1 May, 1915, are liable to taxation.
1Opinion of the CourtBrown, J.
From tbe pleadings we gather tbat these are tbe admitted facts:
The property of the Tarboro Cotton Factory, a corporation, was sold by decree of the Superior Court by the receivers under foreclosure of a second mortgage for $60,000, subject to a first mortgage for $100,000. The property subject to said first lien was sold for $29,000, the sale confirmed, and the money paid to the receivers who made the sale. By interlocutory decree, this money was paid to the clerk of Superior Court (after deducting certain allowances) to await tlie subsequent determination of the court as to the rights of the…
2Cited by2 opinions
- Carstarphen v. Town of PlymouthSupreme Court of North Carolina · 1923
- Forsyth County v. . JoyceSupreme Court of North Carolina · 1933