Legal Opinion

Down v. . Coates

Supreme Court of North Carolina

Decided June 5, 1872PublishedCited by 1 opinion

This was a case agreed, submitted to bis Honor, Logan, L., at Fpring Term, 1872, oí Mecklenburg Superior Court. The following are the iacts agreed and submitted to bis Honor; The Rock Island Manuiacturing Company executed an assignment in trust to T. W. Dewey, attacked to the complaint, marked “B,” and another marked “C,” in both of which it secured certain creditors represented by defendant Springs.

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This was a case agreed, submitted to bis Honor, Logan, L., at Fpring Term, 1872, oí Mecklenburg Superior Court. The following are the iacts agreed and submitted to bis Honor; The Rock Island Manuiacturing Company executed an assignment in trust to T. W. Dewey, attacked to the complaint, marked “B,” and another marked “C,” in both of which it secured certain creditors represented by defendant Springs. Another assignment was made, marked “A,” and there is a fund of several thousand dollars in plaintiff’s hands, to be distributed. It is further agreed, that the property embraced in B and C' has…

1Opinion of the CourtPearson, C. J.

Our conclusion is, that the creditors secured by the deeds B and C are not inclnded among the creditors secured by deed A, and consequently that the creditors embraced in deeds B and C are entitled to no part of the fund raised under deed A.

The clause under which it is insisted that the deed A embraces the creditors secured by deeds B and C is as follows : After setting out the names of a large number of creditors and the amounts due in the schedule attached, marked A, B, O and D, it proceeds, and (the party of the first part) “ being desirous of placing all of the creditors of said party of…

2Cited by1 opinion

  1. Mitchell v. . CorpeningSupreme Court of North Carolina · 1899

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