Heath, Springs & Co. v. Big Falls Cotton Mills
Supreme Court of North Carolina
Civil ACTION, in the nature of a creditor’s bill, heard before Hoke, J, at Spring Term, 1894, of Alamance Superior Court.
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Civil ACTION, in the nature of a creditor’s bill, heard before Hoke, J, at Spring Term, 1894, of Alamance Superior Court. The following facts were agreed upon by the parties to be taken in connection with the undisputed facts contained in the pleadings, and all issues of law arising between the parties upon the facts were submitted to the Court: 1. That the Big Falls Cotton Mills was duly incorporated in the year 1887, in the county of Alamance, before the> Clerk of the Superior Court, and on the 25th day of July, 1888, an amendment t.o the charter of the corporation was granted by the said…
1Opinion of the Court
Shepherd, C. J.:
The question presented in the exception of the appellants is whether the mortgage deed to J. E. Mitchell & Co. has been properly executed, probated and registered so as to give the note secured therein priority over the claims of the excepting creditors. The deed is signed in the name of the corporation by its President, Vice-President, Secretary and Treasurer, who constitute all the stockholders, directors and officers of the corporation, and the corporate seal is affixed tó it, as appears by the profert of the original deed on the trial, as. well as from the fact agreed. We…
2Cases cited3 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Bason v. King's Mountain Mining Co.Supreme Court of North Carolina · 1884
3Cited by16 opinions
- Bailey v. . HassellSupreme Court of North Carolina · 1922
- Roberts v. . SaundersSupreme Court of North Carolina · 1926
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
- Smith v. Ayden Lumber Co.Supreme Court of North Carolina · 1907
- Williams v. North Carolina State Board of EducationSupreme Court of North Carolina · 1974
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