Hayes v. . Davidson
Supreme Court of North Carolina
Civil ACTION, to recover the amount of a single bill, tried before Moore, J., at the Special (July) Term, 1878, of Meck-leNbueg Superior Court. The complaint alleges that the defendants, the Davidsons, signed and delivered to Wm.
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Civil ACTION, to recover the amount of a single bill, tried before Moore, J., at the Special (July) Term, 1878, of Meck-leNbueg Superior Court. The complaint alleges that the defendants, the Davidsons, signed and delivered to Wm. Johnston, the guardian of the plaintiff’s intestate, the bill sued upon ; that afterwards, the said defendants executed a deed in trust to secure their creditors, under which their property was sold and all their creditors paid, with.the exception of the plaintiff, and that from the proceeds of such sale after the payment of the other creditors, they have funds more…
1Opinion of the CourtSettle, J.
This case is before us by appeal from the ruling of his Honor, susmining the demurrer to the answers of the defendants.
The answer of the Davidsons admits several allegations of the complaint; and amongst others the 6th, to wit: “that after the discharge of all the other debts specified in the said deed, there remained in the hands of the said trustees a fund— the proceeds oí the property conveyed by said deed, amply sufficient to pay and discharge the debt due to the plaintiff as administrator.”
But they allege that the plaintiff had agreed with them (the trustees) “to compromise his debt on…
2Cases cited2 opinions
- William R. McKenzie v. . Thomas N. and W. R. CulbrethSupreme Court of North Carolina · 1872
- Bryan v. . FoySupreme Court of North Carolina · 1873
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- Bank v. . CommissionersSupreme Court of North Carolina · 1895
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