Banks v. . Parker
Supreme Court of North Carolina
MotioN for an Injunction, heard at Fall Term, 1878, of Perquijians Superior Court, before Eure, J. See Parker v. Banks, 79 N. C., 480. Mary Banks, the plaintiff, is the widow of Thaddeus P. Banks, and the other plaintiffs are his children and heirs at law.
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MotioN for an Injunction, heard at Fall Term, 1878, of Perquijians Superior Court, before Eure, J. See Parker v. Banks, 79 N. C., 480. Mary Banks, the plaintiff, is the widow of Thaddeus P. Banks, and the other plaintiffs are his children and heirs at law. In 1868, David Parker sold and conveyed to C. C. Pool nine hundred and forty acres of land, lying in the county of Perquimans, for $3,600, payable in installments, and took from Pool a mortgage on the same to secure the purchase money, $1,600 of which was paid by Pool. In the same year Pool sold two hundred and twenty acres of the same…
1Opinion of the CourtAshe, J.
(After stating the case.) Wo are not informed upon what ground the restraining order was refused. If it was denied on the ground that the children of T. F. Banks who were not parties to the action of ejectment had no right to interpose in that suit and ask that the writ of possession, should be restrained, we think it was error j for they are the equitable owners of the land, the very persons whose rights are to be most affected by the execution of the writ of possession. They have the right to interpose and ask the court for its aid in protecting them from a gross act of injustice. A person…
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