Legal Opinion
Cornelius v. Albertson
Supreme Court of North Carolina
Decided June 6, 1956No. 595PublishedCited by 7 opinions
1Opinion of the CourtParker, J.
At common law no property but that to which the debtor has a legal title is liable to be taken under execution against him. Hardware Co. v. Lewis, 173 N.C. 290, 92 S.E. 13.
However, in this State G.S. 1-315 states the property of the judgment debtor, not exempted from sale under the Constitution and laws of this State, may be levied on and sold under execution as hereinafter prescribed, and sub-section 4 of this statute makes it apply to “real property or goods and chattels of which any person is seized or possessed in trust for him.” G.S. 1-316 provides that upon the sale under execution of…
2Cases cited14 opinions
- Abernethy Land & Finance Co. v. First Security Trust Co.Supreme Court of North Carolina · 1938
- Chinnis v. . CobbSupreme Court of North Carolina · 1936
- Parker v. . BledsoeSupreme Court of North Carolina · 1882
- Carson v. . OatesSupreme Court of North Carolina · 1870
- Mayo v. StatonSupreme Court of North Carolina · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grabenhofer v. GarrettSupreme Court of North Carolina · 1963
- Federal Deposit Insurance v. British-American Corp.District Court, E.D. North Carolina · 1989
- Travelers Indemnity Co. of Illinois v. Hash Management, Inc.District Court, M.D. North Carolina · 1997
- Beahm v. BeahmNew York City Family Court · 1965
- Fishel & Taylor v. GRIFTON UNITED METH. CHURCHCourt of Appeals of North Carolina · 1974
2 more not listed; retrieve them via the Exa API.