Kirby v. Masten
Supreme Court of North Carolina
Crvm ACTION, Trover under the former system, tried at Spring Term, 1873, of Foksythe Superior Court, before Cloud, J. The appeal was taken by defendants, for alleged error on the part of his Honor in admitting certain evidence. All the facts necessary to an understanding of the point decided, are stated in the opinion of the Court.
1Opinion of the CourtRodman, J.
This was an action of trover begun in February, 1868, for the conversion of certain personal property, sold by the defendant Masten, as sheriff, on the 12th of February, 1868, under executions upon Justice’s judgment against Isaac Lester.
The plaintiff claimed under a sale to him bj' Lester of 25th of January, 1868, and a bill of sale of 29th of January, 1868. The defence was that the sale was fraudulent as to the creditors of Lester.
*541The jury, under the charge of the Judge, found a verdict for the defendants.
' The only exceptions are by the plaintiff by reason of the admission of certain…
2Cited by10 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Nelson v. . WhitfieldSupreme Court of North Carolina · 1880
- Yates v. . YatesSupreme Court of North Carolina · 1877
- Clary v. . HattonSupreme Court of North Carolina · 1910
- Gadsby v. . DyerSupreme Court of North Carolina · 1884
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