Lovett v. . Slocumb
Supreme Court of North Carolina
This was a civil ACTION, pending in the Superior Court of Cumberland County, heard, on motion of defendants for the appointment of a receiver, supported by the answer, used as an affidavit and on counter affidavits offered by the plaintiff, at Chambers before Boykin, J. The plaintiff, who is in possession of the land in controversy, brought his action for the surrender and cancellation of a mortgage deed executed by the plaintiff to his son, Charles Lovett, on the 14th of…
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This was a civil ACTION, pending in the Superior Court of Cumberland County, heard, on motion of defendants for the appointment of a receiver, supported by the answer, used as an affidavit and on counter affidavits offered by the plaintiff, at Chambers before Boykin, J. The plaintiff, who is in possession of the land in controversy, brought his action for the surrender and cancellation of a mortgage deed executed by the plaintiff to his son, Charles Lovett, on the 14th of December, 1887, to secure the payment of a note of two hundred dollars due said Charles Lovett, and payable three years…
1Opinion of the CourtAvery, J.
after stating the case: "Where a party to an action asks as affirmative relief, the possession of land, and alleges that his adversary, who wrongfully withholds it, is insolvent, and the latter directly admits or fails to deny the allegation, it only remains for the action in order to establish his right to demand the appointment of a receiver to take charge of the rents and profits, to show that he has set up in an affidavit, filed under the sanction of the Court, or in a verified pleading in the cause, used as an affidavit, an apparently good title either not controverted at all or not…
2Cases cited5 opinions
- L. Levenson & Co. v. ElsonSupreme Court of North Carolina · 1883
- Oldham v. First National Bank of WilmingtonSupreme Court of North Carolina · 1881
- Twitty v. . LoganSupreme Court of North Carolina · 1879
- Bryan v. . MoringSupreme Court of North Carolina · 1886
- McNair v. PopeSupreme Court of North Carolina · 1887