Whitlock v. Auburn Lumber Co.
Supreme Court of North Carolina
Appeal by Thomas B. Pierce from Guión, J., at January Term, 1910, of New IIaitover. This appeal presents the following facts for consideration: The defendant, an insolvent corporation, was placed in the hands of Cameron F. McRae, receiver. Its property, consisted of a sawmill plant, timber rights, tramroad, rights of way, etc.
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Appeal by Thomas B. Pierce from Guión, J., at January Term, 1910, of New IIaitover. This appeal presents the following facts for consideration: The defendant, an insolvent corporation, was placed in the hands of Cameron F. McRae, receiver. Its property, consisted of a sawmill plant, timber rights, tramroad, rights of way, etc. During the progress of the litigation an order was made transferring the rights of certain creditors asserting liens upon certain of the company’s property to the fund to be derived from the sale by the receiver, and an order of sale was made. Pursuant to said order,…
1Opinion of the Court
MANNING, J\,
after stating tbe case: In sneaking of tbe character of tbe reference in such cases as this, and of tbe power of tbe courts over tbe findings of tbe referee, this Court said, in Tate v. Davis, ante, 177, a case similar to this: “Tbe reference'was not one made under tbe provisions of tbe Code of Civil Procedure, where a referee is appointed to bear and determine issues raised by tbe pleadings in a civil action. It is mere inquiry made at the direction of a chancellor who wishes to inform bis conscience as to tbe justice of a demand made on a fund in bis control. He may set aside ex…
2Cases cited4 opinions
- Lorch v. Aultman & Co.Indiana Supreme Court · 1881
- Shields v. . AllenSupreme Court of North Carolina · 1877
- Edney v. . EdneySupreme Court of North Carolina · 1879
- Carraway v. Stancill.Supreme Court of North Carolina · 1905
3Cited by1 opinion
- Chapman v. Schiller, JudgeUtah Supreme Court · 1938