Stith v. . Lookabill
Supreme Court of North Carolina
Civil actioN, to recover possession of certain real estate fried at the Spring Term, 1874, of the Superior Court of Da-yidsoN county, before his Honor, Judge Qlo%td. The plaintiff showed title from the State to one J. M. Lisle; then a deed from Lisle to one F. M. Cam man ; then an original attachment against Caminan, which was duly levied on the premises, and after proper proceedings had thereon, a final judgment in said attachment, and a ven. ex. issued to sell the land.
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Civil actioN, to recover possession of certain real estate fried at the Spring Term, 1874, of the Superior Court of Da-yidsoN county, before his Honor, Judge Qlo%td. The plaintiff showed title from the State to one J. M. Lisle; then a deed from Lisle to one F. M. Cam man ; then an original attachment against Caminan, which was duly levied on the premises, and after proper proceedings had thereon, a final judgment in said attachment, and a ven. ex. issued to sell the land. Plaintiff further showed a sale and that A. B. Stith became the purchaser, who dying pendente lite, willed the same to the…
1Opinion of the CourtPearson, C. J.
Upon the motion to non-suit, the only question was, “had Camman such an estate as was subject to sale under execution by his creditors?” On this depended the right of the plaintiff, who was the purchaser, to maintain an action againt the defendant, who for the purposes of the motion, stands as a wrong-doer, without connection, either as assignee or agent, with the cestui que trusts for whom Camman is assumed to have held the legal estate. .
Mr. Gilmer in a well considered argument admitted the general positions taken by Mr. Bailey, in respect to “ uses and trusts,” to-wit:
1. This case did not…
2Cases cited1 opinion
- Blackmer v. . PhillipsSupreme Court of North Carolina · 1872
3Cited by4 opinions
- Riley v. . StoneSupreme Court of North Carolina · 1915
- Jenkins v. FowlerSupreme Court of North Carolina · 1957
- McCurry v. . McCurrySupreme Court of North Carolina · 1880
- Isler v. . KoonceSupreme Court of North Carolina · 1879