Legal Opinion

Williams v. . Chapman

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 6 opinions

Civil aotioN, tried at Fall Term, 1895, of Haywood County Superior Court, before Robinson, P, and a jury. The action-was a creditor’s bill, filed by plain tiff in behalf of himself and all the other creditors of F. T. Hyatt, against defendants for the recovery of certain property alleged to be in the hands of the defendant, J. E. Justice, Trustee, and the other defendants, for the benefit of the creditors of the said F. T. Hyatt. - The pertinent facts are stated by Associate…

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Civil aotioN, tried at Fall Term, 1895, of Haywood County Superior Court, before Robinson, P, and a jury. The action-was a creditor’s bill, filed by plain tiff in behalf of himself and all the other creditors of F. T. Hyatt, against defendants for the recovery of certain property alleged to be in the hands of the defendant, J. E. Justice, Trustee, and the other defendants, for the benefit of the creditors of the said F. T. Hyatt. - The pertinent facts are stated by Associate Justice Avbey in the opinion.

1Opinion of the Court

Avery, J.:

The appeal hinges upon the question whether F. T. Hyatt was the owner of certain locust pins (which were the output of his mill) prior to his executing an assignment for the benefit of creditors to J. R. Justice, trustee, on the 15th of January, 1891. The defendant Chapman claimed title to these pins, some of which had been boxed, and others were unboxed, when seized at the millyard of Hyatt at Waynesville. On the 10th of March, 1890, a written contract was entered into by the defendant F. T. Hyatt and the defendant S. F. Chapman, in which we find the following stipulation : “ For a…

2Cases cited1 opinion

  1. Brown v. . DailSupreme Court of North Carolina · 1895

3Cited by6 opinions

  1. In Re the Investigation of the Death of MillerSupreme Court of North Carolina · 2003
  2. Page Trust Co. v. Carolina Construction Co.Supreme Court of North Carolina · 1926
  3. Warren v. . ShortSupreme Court of North Carolina · 1896
  4. Moore v. PatchinWest Virginia Supreme Court · 1912
  5. Godwin v. . BankSupreme Court of North Carolina · 1907

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