State Ex Rel. Rice v. Hearn
Supreme Court of North Carolina
This' was a motion, heard before Whitaker, J., at March Term, 1891, of the Superior Court of Pitt County. The motion was made in behalf of William Whitehead, a defendant in a judgment rendered at June Term, 1886, of Pitt Superior Court, for the sum of $232.62, with interest from November 1, 1881, and for costs in the action above entitled.
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This' was a motion, heard before Whitaker, J., at March Term, 1891, of the Superior Court of Pitt County. The motion was made in behalf of William Whitehead, a defendant in a judgment rendered at June Term, 1886, of Pitt Superior Court, for the sum of $232.62, with interest from November 1, 1881, and for costs in the action above entitled. The Court found the following facts: 1. That at June Term, 1886, the plaintiffs recovered judgment against the defendants on the official bond of Henry Sheppard, former Clerk of the Superior Court of Pitt County, for two hundred and thirty-two dollars and…
1Opinion of the Court
Mérrimos, C. J.:
The assignment of the judgment to Reddin for the use and benefit of the appellees was a legitimate transaction, and the latter could compel him to a due observance of their equitable rights. It is very clear, as the authorities cited by the appellees’ counsel abundantly show, that the appellant purchased the judgment subject to their rights and equities. Jordan v. Black, 2 Murphy, 80; Moody v. Sitton, 2 Ired. Eq., 382; Bank v. Bynum, 84 N. C. 24; Havens v. Potts, 86 N. C., 31; Freeman on Judgments, § 427; Black on Judgments, §§ 953, 956. See Sherwood v. Collier, 3 Dev., 380;…
2Cases cited2 opinions
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- Havens v. . PottsSupreme Court of North Carolina · 1882
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