Peebles v. . Gay
Supreme Court of North Carolina
This was AN action tried at December Special Term, 1893, of NORTHAMPTON Superior Court, before Whitaker, J. A jury trial was waived, and the following issues were submitted to his Honor: “ 1. Is the defendant J. M. Grant, as trustee for William Grant, entitled to the fund in controversy ? “ 2. Is the defendant W. C. Hardy entitled to the fund in controversy ? ” The plaintiff was trustee in two deeds of trust made to him by A. Capehart; the one to secure a debt of $8,000, due…
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This was AN action tried at December Special Term, 1893, of NORTHAMPTON Superior Court, before Whitaker, J. A jury trial was waived, and the following issues were submitted to his Honor: “ 1. Is the defendant J. M. Grant, as trustee for William Grant, entitled to the fund in controversy ? “ 2. Is the defendant W. C. Hardy entitled to the fund in controversy ? ” The plaintiff was trustee in two deeds of trust made to him by A. Capehart; the one to secure a debt of $8,000, due M. C. Cameron, was registered September 12,1881; the other, to secure a debt of about $18,000 due Hardy Bros., was…
1Opinion of the Court
MacRae, J.:
On objection of defendants’counsel that the statement of the case on appeal was not properly in this Court, it not having been sent up with the transcript of the record, affidavit was made by plaintiff’s counsel and a cer-tiorari issued, and the same treated as served and return made thereto, it being admitted that the case properly certified was now on file.
There is no merit in the objection of defendant that the exception to instructions given by the Court, of itself, is too general and therefore ought not to be considered. It will be seen that there was but one question in the…
2Cases cited4 opinions
- Calvert v. . PeeblesSupreme Court of North Carolina · 1880
- Tiddy v. . HarrisSupreme Court of North Carolina · 1888
- State Ex Rel. Rice v. HearnSupreme Court of North Carolina · 1891
- Howell v. . Reams, Adm'r.Supreme Court of North Carolina · 1875
3Cited by16 opinions
- Reynolds Ex Rel. Cannon v. ReynoldsSupreme Court of North Carolina · 1935
- Davison v. Gregory.Supreme Court of North Carolina · 1903
- Fowle v. . McLeanSupreme Court of North Carolina · 1915
- Ingram v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1963
- American National Fire Insurance Company v. GibbsSupreme Court of North Carolina · 1963
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