Glanton v. . Jacobs
Supreme Court of North Carolina
Civil action, to-declare void a deed of assignment made by the Sneed Furniture Company to the defendant, Joe Jacobs, trustee, upon the ground of fraud, etc., tried before Bryan, J., and a jury, at May Term, 1S95, of Eoestth Superior Court. There was a verdict for the plaintiff and from the judgment thereon the defendant appealed. The facts are sufficiently stated in the opinion of Associate Justice ClaeK.
1Opinion of the Court
Clark, J.:
As was said in Bank v. Gilmer, 116 N. C., 684, 707, “Chapter 453, Acts 1893, is not a mere recommendation from the legislature to insolvents as to the form of assignments and proceedings thereunder, but in its very nature the Act is imperative. If not complied with by the asssignor by filing schedule as required, the assignment is invalid.” This has been cited and approved in Frank v. Heiner, and Bank v. Gilmer, both at this Term. These decisions are sustained by the great weight of authority in other States, the numerous cases being cited in the excellent brief filed by the…
2Cases cited9 opinions
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1877
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- Davis v. . WhitakerSupreme Court of North Carolina · 1894
- Keeter v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Wade v. . City of NewbernSupreme Court of North Carolina · 1875
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3Cited by13 opinions
- Blacknall v. . HancockSupreme Court of North Carolina · 1921
- Carolina-Tennessee Power Co. v. Hiawassee River Power Co.Supreme Court of North Carolina · 1918
- Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910
- Bailey v. DavisSupreme Court of North Carolina · 1949
- Wilkinson v. . WallaceSupreme Court of North Carolina · 1926
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