Lewis v. . Sloan
Supreme Court of North Carolina
Civil action, tried before Logan, J., at the Spring Term,., 1872, of Lincoln Superior Court. The following is substantially the case agreed and transmitted to this Court as part of the transcript of the record.
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Civil action, tried before Logan, J., at the Spring Term,., 1872, of Lincoln Superior Court. The following is substantially the case agreed and transmitted to this Court as part of the transcript of the record. The plaintiff, assignee in bankruptcy of Christy Rhyne,,, one of the defendants, seeks by this action to recover the possession of a tract of land in Gaston county, which the. other defendant Sloan, had purchased of Rhyne, in November, 1867. On the trial below, judgment by default was taken against Christy Rhyne and Harry Rhyne, another defendant, who were in possession of the land,…
1Opinion of the CourtRodman, J.
The plaintiff claims the land in controversy as the assignee of Christy Rhyne, adjudicated a bankrupt on 28th August, 1868.
1. Defendant claims that plaintiff is not lawfully assignee, and contends that the adjudication is void, because it appears from the petition of record in the bankrupt court that the principal of the petitioning creditors’ debt is less than $250, although if the interest up to the date of the petition be added, it will exceed that sum. In England, as in the United States, the law requires that the petitioning creditors’ debt shall be equal to at least a certain sum, and…
Also in this document: Per curiam.
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