Legal Opinion

W. M. Sutton v. . J. A. J. Askew

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 27 opinions

This was a proceeding, under tbe 266th section of tbe C. C. P., to subject the property of a judgment-debtor, had before Pool, Judge, at Fall Term 1871, of Bertie Superior Court.

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This was a proceeding, under tbe 266th section of tbe C. C. P., to subject the property of a judgment-debtor, had before Pool, Judge, at Fall Term 1871, of Bertie Superior Court. The facts were found by the Judge, to be as follows: “ The judgment-debtor, J. A. J. Askew, in the year 1870, was the the owner of two houses and lots, and a store-house, in Bertie county, and proposed to one Augustus Holley, to borrow two thousand dollars, and to secure him in said loan, by a deed of trust, upon said houses and lots. The said Holley was unwilling to take the security, unless the defendant, the wife…

1Opinion of the Court

Dick and Rodman, JJ., dissenting. The facts were found by the Judge, to be as follows: "The judgment-debtor, J. A. J. Askew, in the year 1870, was the the owner of two houses and lots, and a store-house, in Bertie county, and proposed to one Augustus Holley, to borrow two thousand dollars, and to secure him in said loan, by a deed of trust, upon said houses and lots. The said Holley was unwilling to take the security, unless the defendant, the wife of said Askew, would join in the conveyance with her husband. The defendant, Maria C. Askew, refused to join in the conveyance, unless she was…

2Cited by27 opinions

  1. Hughes v. . HodgesSupreme Court of North Carolina · 1889
  2. A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
  3. Fortune v. . WatkinsSupreme Court of North Carolina · 1886
  4. Gladney v. SydnorSupreme Court of Missouri · 1903
  5. Lowe v. HarrisSupreme Court of North Carolina · 1893

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