Brink v. . Black
Supreme Court of North Carolina
Civil ActioN removed from New Hanover and tried at: 'Spring Term, 1877, of BeuNswick Superior Court, before 4Seymour, J. The plaintiff claimed title to a certain kiln of brick conveyed to him by mortgage from one Stacy Van A-mringe in November, 1873. The defendant as Sheriff of New Hanover 'County, alleging that said mortgage was fraudulent and void as against creditors, sold said brick to satisfy executions in his hands against Van Amringe.
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Civil ActioN removed from New Hanover and tried at: 'Spring Term, 1877, of BeuNswick Superior Court, before 4Seymour, J. The plaintiff claimed title to a certain kiln of brick conveyed to him by mortgage from one Stacy Van A-mringe in November, 1873. The defendant as Sheriff of New Hanover 'County, alleging that said mortgage was fraudulent and void as against creditors, sold said brick to satisfy executions in his hands against Van Amringe. Thereupon the plaintiff brought this action to recover damages. There was much evidence tending to show, than Yam Amringe was indebted to the plaintiff…
1Opinion of the CourtPeaRSON, C. J.
When a party prays for an instruction to which he is entitled, it is error to refuse it. The Judge is not required to adopt the words of the instruction ; he may :as a matter of taste change-the phraseology, but it is error to change its sense, or so to qualify it as to weaken its force. C. C. R, §§ 238, 239, 301.
"We put our decision on the fifth instruction prayed for, ■and the response thereto, as that entitles the defendant to a new trial. Evidently the instruction given is not a legitimate substitute for the instruction prayed for.
So the only question before us is ; was the defendant…
2Cited by17 opinions
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Robertson v. HaltonSupreme Court of North Carolina · 1911
- Lloyd v. . BowenSupreme Court of North Carolina · 1915
- Baker v. N. & S. RailroadSupreme Court of North Carolina · 1907
- Eddleman v. . LentzSupreme Court of North Carolina · 1911
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