Hancock Bros. & Co. v. Wooten
Supreme Court of North Carolina
This was a civil ACTION, tried before Connor, J., at Spring Term, 1889, of the Superior Court of Greene county. Only so much of the facts will be repeated as are necessary to a proper understanding of the points made by the counsel, and the rulings of the Court thereupon. On the 25th of December, 1880, W. J. Wooten and wife executed a deed of assignment, conveying certain real and personal property to W. A. Darden as Trustee.
Read the full summary
This was a civil ACTION, tried before Connor, J., at Spring Term, 1889, of the Superior Court of Greene county. Only so much of the facts will be repeated as are necessary to a proper understanding of the points made by the counsel, and the rulings of the Court thereupon. On the 25th of December, 1880, W. J. Wooten and wife executed a deed of assignment, conveying certain real and personal property to W. A. Darden as Trustee. The personal property belonged to Wooten, and the real property belonged to Wooten and his wife. The deed was made to secure the creditors of the said Wooten and his…
1Opinion of the Court
Shepherd, J.:
1. The first exception is addressed to the ruling of His Honor upon the question of parties.
The appellants (who are W. A. Darden, the trustee, and Simeon Wooten, a preferred creditor), objected to proceeding to trial because of the death of the defendant Mrs. Julia Wrooten, another preferred creditor.
Her heirs at law had no interest in the land conveyed in the assignment, because she had joined with her husband, the trustor, in the execution of the deed, and it was binding as to them; and for the further reason, that upon her death, her interest, if any remained in her, vested by…
2Cases cited14 opinions
- Edmeston v. LydeNew York Court of Chancery · 1829
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- M'Dermutt v. StrongNew York Court of Chancery · 1820
- Means v. DowdSupreme Court of the United States · 1888
- Rogers v. RogersNew York Court of Chancery · 1831
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Freeman v. Dayton Scale Co.Tennessee Supreme Court · 1929
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- Armour Fertilizer Works v. First National BankSupreme Court of Florida · 1924
- Smith v. . SummerfieldSupreme Court of North Carolina · 1891
- Belcher v. CobbSupreme Court of North Carolina · 1915
23 more not listed; retrieve them via the Exa API.