Hicks v. . Skinner
Supreme Court of North Carolina
This was a civil action-, to subject a certain fund in the hands of B. E. Moore, Esq., to the payment of a judgment obtained by the plaintiff,- and for other purposes, tried before his Honor, Judge Tourgee, at the Special (January) Term, 1874, of WaKe Superior Court. It bad been referred to Commissioner J. J. Davis, who reported the facts, and the case was tried in the Court below on exceptions to that report.
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This was a civil action-, to subject a certain fund in the hands of B. E. Moore, Esq., to the payment of a judgment obtained by the plaintiff,- and for other purposes, tried before his Honor, Judge Tourgee, at the Special (January) Term, 1874, of WaKe Superior Court. It bad been referred to Commissioner J. J. Davis, who reported the facts, and the case was tried in the Court below on exceptions to that report. His Honor being of opinion with the plaintiff, decreed accordingly, from which decree the defendants appealed. In this Court, the principal inquiry was as to the equities of the feme…
1Opinion of the CourtEodMAN, J.
The fund in controversy represents by agreement of the parties, a certain lot in Ealeigh and certain furniture. The plaintiff claims title by purchase at a sale under execution at the instance of one Holleman, who recovered judgment against Thomas E. Skinner at March Term, 1867, of Wake Superior Court. The sale was on 30th March, 1868. The plaintiff is also a judgment creditor of Thomas E. Skinner and. of Charles W. Skinner.
This is the plaintiff’s title, and it is clear, that if the property was legally in Thomas E. Skinner, as plaintiff contends it was, his title is good, unless it is…
2Cases cited1 opinion
- The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
3Cited by13 opinions
- Hornthal v. . BurwellSupreme Court of North Carolina · 1891
- Weathers v. BordersSupreme Court of North Carolina · 1899
- Wood v. . WoodSupreme Court of North Carolina · 1921
- Haskill v. . FreemanSupreme Court of North Carolina · 1864
- In Re the Will of EllisSupreme Court of North Carolina · 1924
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