First National Bank of Lumberton v. McCaskill
Supreme Court of North Carolina
Appeal by plaintiff from Gonnor, J., at April Term, 1917, of CUMBERLAND. In February, 1911, the defendant, MeCaskill, became indebted to the plaintiff on a note for $1,000 and interest. On default, judgment was obtained at September Term, 1915, of Cumberland, and the execution thereon was returned unsatisfied.
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Appeal by plaintiff from Gonnor, J., at April Term, 1917, of CUMBERLAND. In February, 1911, the defendant, MeCaskill, became indebted to the plaintiff on a note for $1,000 and interest. On default, judgment was obtained at September Term, 1915, of Cumberland, and the execution thereon was returned unsatisfied. By deed, dated 29 July, 1913, McCas-kill conveyed to his wife all the property owned by him, which was registered in Cumberland 27 September, 1913. This deed is attacked by the plaintiff as being in fraud of its rights as a creditor of McCaskill at the time of its execution and…
1Opinion of the Court
Clark, C. J.,
after stating the case: The general rule that judgments are binding only on parties and privies is subject to several exceptions, and especially where the judgment is in rem. Greenleaf Ev. (Lewis Ed.), sec. 525, p. 823; Bigelow on Estoppel (5 Ed.), 221, 229.
In Ennis v. Smith, 14 Howard (U. S.), 400, in which the will of General Kosciusko and the genealogy of his family wer.e in question, the United States Supreme Court held: “The documentary proof in this cause from the Orphan’s Court, of the genealogy of the Kosciusko family and of the collateral relationship of the persons…
2Cases cited8 opinions
- Eppright v. KauffmanSupreme Court of Missouri · 1886
- Savage v. . Knight and BryantSupreme Court of North Carolina · 1885
- Union Bank of Richmond v. Board of CommissionersSupreme Court of North Carolina · 1895
- In re SkinnerDistrict Court, N.D. Iowa · 1899
- Den Ex Dem. of Hoke v. HendersonSupreme Court of North Carolina · 1831
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3Cited by10 opinions
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- Meacham v. . Larus Brothers Co.Supreme Court of North Carolina · 1937
- Current v. . WebbSupreme Court of North Carolina · 1941
- Leary v. Virginia-Carolina Joint Stock Land BankSupreme Court of North Carolina · 1939
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