Legal Opinion

Winston v. Biggs.

Supreme Court of North Carolina

Decided September 5, 1895PublishedCited by 11 opinions

CONTROVERSY submitted, without action . under Sec. 567 of The Code, heard before Starbueh, J., at Pali Term, 1895, of Durham Superior Court. From a judgment for plaintiff, the defendant appealed. The facts appear in the opinion of Associate Justice MontgoMery.

1Opinion of the Court

MontgoMbry, J.:

This matter is presented under Section 567 of The Oode. L. E. Wright made a general assignment of all his property for the benefit of all his creditors to tbe defendant Biggs as trustee. Wright was indebted to the plaintiff in the sum of $3,200, and to the other creditor’s named in the assignment to the amount of about $6,000 all of which was secured in the deed, without preference. The plaintiff’s debt is, and was at the time of the execution of the assignment, partly secured by a lien on Wright’s interest in a brick storehouse in Oxford of the value of about $2,800. The…

2Cases cited2 opinions

  1. Brown v. Merchant's & Farmers Nat. BankSupreme Court of North Carolina · 1878
  2. Butler & Co. v. StainbackSupreme Court of North Carolina · 1882

3Cited by11 opinions

  1. Merchants National Bank v. FlippenSupreme Court of North Carolina · 1912
  2. Montsinger v. WhiteSupreme Court of North Carolina · 1954
  3. Rierson v. . HansonSupreme Court of North Carolina · 1937
  4. State Ex Rel. Rankin v. Yellowstone Bank & Trust Co.Montana Supreme Court · 1925
  5. Central Bank & Trust Co. v. JarrettSupreme Court of North Carolina · 1928

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