Etheridge v. . Davis
Supreme Court of North Carolina
This was a civil action, tried at the Fall Term, 1892, of Camden Superior Court, before Píohe, J. It was brought to recover the value of advancements made to defendant for stumpage of timber and other expenses, and for delivering and shipping the same. In his answer to the complaint and attachment, one of the defendants, Brite, alleged that the timber attached for the debt was the property of the other defendant, Davis. The jury found the logs were not the property of Davis.
Read the full summary
This was a civil action, tried at the Fall Term, 1892, of Camden Superior Court, before Píohe, J. It was brought to recover the value of advancements made to defendant for stumpage of timber and other expenses, and for delivering and shipping the same. In his answer to the complaint and attachment, one of the defendants, Brite, alleged that the timber attached for the debt was the property of the other defendant, Davis. The jury found the logs were not the property of Davis. Brite then, for the first time, claimed his personal property exemption therein.
1Opinion of the Court
Clark, J.:
The logs were attached as the property of the defendant Brite. In his answer he denied ownership, and averred that they belonged to his co-defendant Davis, to whom he had sold them before the levy of the attachment. The verdict of the jury negatived this allegation. The defendant Brite then claimed, before judgment was signed, to have his personal property exemption allotted in said logs. This his Honor properly allowed.
The plaintiff contends that the defendant Brite is estopped to claim the logsfor his exemption after denying in his answer that they belonged to him. But if this…
2Cases cited3 opinions
- Rankin v. . ShawSupreme Court of North Carolina · 1886
- Duvall v. . RollinsSupreme Court of North Carolina · 1873
- State Ex Rel. McD. Pate & Co. v. HarperSupreme Court of North Carolina · 1886
3Cited by2 opinions
- Smith v. SmithSupreme Court of North Carolina · 1965
- Smith v. SmithSupreme Court of North Carolina · 1965