Pearre Bros. v. Folb
Supreme Court of North Carolina
Civil action on money demand, tried before A lien, J., at May Term, 1898, of Cumberland Superior Court. Attachment proceedings had been taken out in this case.
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Civil action on money demand, tried before A lien, J., at May Term, 1898, of Cumberland Superior Court. Attachment proceedings had been taken out in this case. There were eleven other cases pending on the docket, instituted by creditors of Folb, against Folb and his assignee, B. R. Taylor, in all of which attachments had been taken out and were awaiting trial, and were instituted to have declared fraudulent and void the deed of assignment from Folb to Taylor dated July 12, 1897, and also to have declared fraudulent' and void the schedule and preferences under said assignment. These eleven…
1Opinion of the Court
MONTGOMERY, J.:
The Act of 1893, Ch. 453, in a mandatory way, requires the assignors in deeds of trust or deeds of assignment for the benefit of creditors to file under oath a schedule of all preferred debts, with particulars, within five days of the registration of the deed. The first question presented for decision in this case is one that relates to the sufficiency and validity of the oath which the assignor made when the schedule of preferred debts was filed. The assignor was a Jew. When the justice of the peace administered what the defendants insist is a valid oath, that officer said to…
2Cases cited2 opinions
- Hundley v. FilbertSupreme Court of Missouri · 1880
- State v. . DavisSupreme Court of North Carolina · 1873
3Cited by8 opinions
- Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910
- State v. DaySupreme Court of Minnesota · 1909
- Agricultural Bond & Credit Corp. v. Courtenay Farmers Co-Operative Ass'nNorth Dakota Supreme Court · 1933
- Bizzell v. . MitchellSupreme Court of North Carolina · 1928
- Forbis v. Piedmont Lumber Co.Supreme Court of North Carolina · 1914
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