Legal Opinion

Odell Hardware Co. v. Holt-Morgan Mills

Supreme Court of North Carolina

Decided April 11, 1917PublishedCited by 6 opinions

Civir. ACTION, heard on exceptions to report of referee before Connor, J., at February Term, 1917, of Cumberland. The question presented was on the right of Odell Hardware Company to a lien by docketed judgment on the real property of the defendant mills as against the receiver, appointed for said mills by order of the court duly entered. The relevant facts sufficiently appear in certain findings by the referee, as follows: “First.

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Civir. ACTION, heard on exceptions to report of referee before Connor, J., at February Term, 1917, of Cumberland. The question presented was on the right of Odell Hardware Company to a lien by docketed judgment on the real property of the defendant mills as against the receiver, appointed for said mills by order of the court duly entered. The relevant facts sufficiently appear in certain findings by the referee, as follows: “First. That the summons was duly issued and served upon the defendant, and verified complaint filed at the return term, November Term, 1915, of Cumberland Superior Court.…

1Opinion of the Court

Hoke, J.,

after stating the case: The statute applicable, Revisal 1905, sec. 1224, provides as follows: “All the real and personal property of an insolvent corporation arrd all its franchise rights and privileges and effects shall, upon the appointment of the receiver, forthwith vest in him, and the corporation shall be divested pf the title thereto.”

The facts showing that the order appointing the receiver was signed on 12 April and prior to the docketing of appellant’s judgment in the county where .the real estate of the corporation was situated, by the plain intent and meaning of the law,…

2Cases cited3 opinions

  1. Ferrell v. . HalesSupreme Court of North Carolina · 1896
  2. Fowle v. . McLeanSupreme Court of North Carolina · 1915
  3. McKinney v. . StreetSupreme Court of North Carolina · 1914

3Cited by6 opinions

  1. Douglass v. DawsonSupreme Court of North Carolina · 1925
  2. Douglass v. . DawsonSupreme Court of North Carolina · 1925
  3. National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
  4. Observer Co. v. . LittleSupreme Court of North Carolina · 1917
  5. Thompson v. . DillinghamSupreme Court of North Carolina · 1922

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