Dockery v. . French, Trustee .
Supreme Court of North Carolina
Civil action and motion for an injunction, heard before Russell, J., at the Spring Term, 1873, of the Superior Court of Robeson county.
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Civil action and motion for an injunction, heard before Russell, J., at the Spring Term, 1873, of the Superior Court of Robeson county. On the 16th January, 1873, the plaintiff issued summons to the defendants, French, Thompson and Morrisey, at the same time filing his complaint, in which he alleged that in March, 1859, the defendant, Morrisey, executed to the defendant, French, a deed of trust, conveying certain lands and slaves for the purpose of securing a debt due Thompson as guardian, and of securing him on account of his suretyship for Morrisey on a note due the Bank of Fayetteville.…
1Opinion of the CourtRodman, J.
1st. In this case the plaintiff alleges that he has paid the trustee the full amount of the trust debt, and that he has purchased the equity of redemption of the bargainor, and that he is entitled to have a conveyance of the trust estate.
2d. The plaintiff further alleges that if he has hot paid the whole of the trust debt, that he at least has paid a portion thereof, to-wit: the value óf the Confederate money at the time of its payment.
The plaintiff further alleges that the cestui que trusts have required the trustee to proceed to make sale of the property, and that he fears the trustee will…
2Cited by5 opinions
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- Cunningham v. . BellSupreme Court of North Carolina · 1880
- Fidelity & Deposit Co. of Maryland v. FlemingSupreme Court of North Carolina · 1903
- McCalley v. OteySupreme Court of Alabama · 1890
- Jones v. . BuxtonSupreme Court of North Carolina · 1897