Royster v. . Stallings
Supreme Court of North Carolina
Civil AotioN, by tbe plaintiff, trustee, against tbe defendant, Sheriff, to recover possession of personal property described in tbe complaint and detained by tbe defendant by virtue of sundry executions in bis bands upon judgments against Jobn R. Pender, tried before Norwood, J., at October Term, 1898, of Edgecombe Superior Court.
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Civil AotioN, by tbe plaintiff, trustee, against tbe defendant, Sheriff, to recover possession of personal property described in tbe complaint and detained by tbe defendant by virtue of sundry executions in bis bands upon judgments against Jobn R. Pender, tried before Norwood, J., at October Term, 1898, of Edgecombe Superior Court. Tbe plaintiff offered in evidence a deed of trust from Jobn R. Pender to E. S. Royster, trustee, dated April 23, 1897, registered tbe same day at 4:15 P. M. Tbe answer specifies tbe executions in tbe defendant’s bands against said Pender, levied tbe afternoon of…
1Opinion of the CourtEubches, J.
Pender, an insolvent debtor, made an assignment of the property in controversy to the plaintiff, Royster, as trustee, for the benefit of creditors, in which he preferred a part of his creditors over others. The defendant is the Sheriff of Edgecombe County, who levied upon and took said property into his possession by virtue of executions in his hands against said Pender. And this action is brought by the assignee, Royster, to recover possession of this property.
There had been attempt to assign this property by Pender to the plaintiff a few days before the assignment, now under consideration,…
2Cases cited2 opinions
- Moore v. . HinnantSupreme Court of North Carolina · 1883
- Barber v. . BuffaloeSupreme Court of North Carolina · 1892
3Cited by2 opinions
- Hayes v. RailroadSupreme Court of North Carolina · 1906
- Hafner v. . IrwinSupreme Court of North Carolina · 1841