Potts v. . Blackwell
Supreme Court of North Carolina
Cause removed from llie Court of Equity of Beaufort county. Benjamin F. Ilanlts, being largely indebted to several persons, on the 17th of September, 1856, executed a deed of trust to the plaintiffs, Potts, Myers and Donnell, to secure the payment of these liabilities, conveying to them several parcels and lots of land in, and near, the town of Washington, in this State, on which were erected valuable steam saw-mills, distilleries and planing machines ; also the machinery…
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Cause removed from llie Court of Equity of Beaufort county. Benjamin F. Ilanlts, being largely indebted to several persons, on the 17th of September, 1856, executed a deed of trust to the plaintiffs, Potts, Myers and Donnell, to secure the payment of these liabilities, conveying to them several parcels and lots of land in, and near, the town of Washington, in this State, on which were erected valuable steam saw-mills, distilleries and planing machines ; also the machinery and implements pertaining to these mills, &c.; also a steam-boat, called the Astoria or Post-Boy. Which deed of trust was'…
1Opinion of the CourtPeaRSON, J.
This is a contest between two sets of creditors, one the creditors of Ilanks and Blackwell, the other creditors of Blackwell. The debts of each are admitted to be true; so they are equally innocent, and the question is, upon which shall the loss fall ? The plaintiffs claim under a deed of trust executed by Ilanks to secure them ; the defendants (except Ilanks and John Blackwell) claim under a mortgage executed by Ilanks to Blackwell, and by him assigned to them prior to the execution of the deed of trust. The property is the same, and belonged to the firm of Ilanks and Blackwell.
The…
2Cited by18 opinions
- Weil v. . HerringSupreme Court of North Carolina · 1934
- Edwards v. Northwestern BankCourt of Appeals of North Carolina · 1979
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Chrysler Credit Corp. v. BurtonDistrict Court, M.D. North Carolina · 1984
- Sykes v. . EverettSupreme Court of North Carolina · 1914
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