Wachovia Loan & Trust Co. v. Forbes
Supreme Court of North Carolina
Civix. actioN, brought by the plaintiff corporation, as receiver of the estate of J. W. Alspaugh, to set aside the sale of certain stocks by the said Alspaugh to the defendant who held them, at the time of sale, as collateral for a debt due to him, and tried before Brown, J., and a jury, at December Term, 1895, of Fobsyth Superior Court. The facts sufficiently appear in the opinion of the court.
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Civix. actioN, brought by the plaintiff corporation, as receiver of the estate of J. W. Alspaugh, to set aside the sale of certain stocks by the said Alspaugh to the defendant who held them, at the time of sale, as collateral for a debt due to him, and tried before Brown, J., and a jury, at December Term, 1895, of Fobsyth Superior Court. The facts sufficiently appear in the opinion of the court. The issues were found in favor of the defendants, and from a judgment dismissing the action the plaintiff appealed.
1Opinion of the Court
Fubches, J.;
This case discloses these facts: That the defendant, Alspaugh, being in debt to the defendant, Forbes, had, in 1893, executed to Forbes a mortgage deed on real estate for $10,000, which mortgage had not been registered on the 9th of February, 1894; that prior to the 9th of February, 1894, the defendant, Alspaugh, had borrowed of defendant, Forbes, other sums of money, not embraced in the $10,000 mortgage, to the amount of $7,000; that as a security for this last mentioned sum the defendant, Alspaugh, had pawned with the defendant, Forbes, certificates of stock which he owned in…
2Cases cited6 opinions
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- McLeod v. . BullardSupreme Court of North Carolina · 1882
- Rose v. . CobleSupreme Court of North Carolina · 1868
- Potter v. . EverittSupreme Court of North Carolina · 1850
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- Monroe Bros. v. Fuchtler & KernSupreme Court of North Carolina · 1897
- Calvert v. . AlveySupreme Court of North Carolina · 1910