Bank of the State of North Carolina v. Fowle
Supreme Court of North Carolina
Cause removed from the Court of Equity of Wake county. The facts of this case, and the point discussed at the bar, sufficiently appear from the opinion of the Court.
1Opinion of the CourtBattle, J.
When this cause was before us at the last term, the only question upon which we were called upon to give an instruction was, as to the rights of the defendant Johnston, under the deed of trust mentioned in the pleadings as having been made to the defendant Pescud, and the defendant Fowle. We then held that he was bound to make an election, and that Cooke’s creditors would be entitled to the residue of both funds. A petition to rehear the decree then made, is now filed by certain creditors of Cooke, intended to be secured by another deed in trust, made by Cooke to the defendant Pescud. In…
2Cited by2 opinions
- Daniel v. . CrowellSupreme Court of North Carolina · 1899
- Ivie v. . BlumSupreme Court of North Carolina · 1912