Trimble v. . Hunter
Supreme Court of North Carolina
Deed — Trust—Equitable Fi Fa — Lien, Creditors — Marshalling. This is a civil ACTION, tried upon exceptions to referee’s report, before Armfield, J., at May Term, 1889, of VaNCE Superior Court.
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Deed — Trust—Equitable Fi Fa — Lien, Creditors — Marshalling. This is a civil ACTION, tried upon exceptions to referee’s report, before Armfield, J., at May Term, 1889, of VaNCE Superior Court. It appeared that the plaintiffs obtained judgment against the defendant Claude Hunter, in the Superior Court of the County of Vance at the May Term thereof of 1887, for $1,907.23, with the interest on $1,851.68 thereof from the 23d of May, 1887, and for $7.51 costs; that an execution issued upon such judgment and was returned wholly unsatisfied, and that such judgment debtor had no property in this…
1Opinion of the CourtMerrimon, C. J.
(after stating the case). There was a resulting trust in the deed of trust, to be interpreted in favor of the defendant Hunter, and he had, by virtue of it, an equitable estate, or interest, in all the land embraced by the deed. Sprinkle v. Martin, 66 N. C., 55. The docketed judgment of the plaintiffs was a lien upon that interest, but, for reasons clearly expressed in the case just cited, this lien could not be enforced by the ordinary process of execution. To do this, the plaintiffs were put to their action for that purpose, in which the trust provided by the deed could' be settled and…
2Cases cited4 opinions
- O. Sprinkle v. . Julius MartinSupreme Court of North Carolina · 1872
- Dixon v. . DixonSupreme Court of North Carolina · 1879
- Grant v. . BellSupreme Court of North Carolina · 1884
- Hoppock, Glenn Co. v. . ShoberSupreme Court of North Carolina · 1873
3Cited by5 opinions
- Morisey v. . SwinsonSupreme Court of North Carolina · 1889
- Mayo v. StatonSupreme Court of North Carolina · 1905
- Bost v. . LassiterSupreme Court of North Carolina · 1890
- Mayo v. . StatonSupreme Court of North Carolina · 1905
- Likas v. LackeySupreme Court of North Carolina · 1923