Legal Opinion

Peoples Loan & Savings Bank v. King

Supreme Court of North Carolina

Decided November 3, 1937Published

1Opinion of the CourtDevin, J.

Tbe ruling of tbe court below must be affirmed. Tbe action of tbe two surviving drainage commissioners, until their successors were elected and qualified, was within tbe powers conferred by tbe Drainage Act. C. S., 5339 (4).

There was no suggestion of lack of good faith on tbe part of tbe commissioners, or tbat tbe plaintiff’s debt was otherwise than for money which bad been borrowed and properly used for tbe draining of tbe lands within tbe district. Tbe obligation was incurred for tbe benefit of tbe lands embraced in tbe district, and upon these lands tbe law imposed liability therefor.

Tbe…

2Cases cited2 opinions

  1. Carter v. Board of Drainage CommissionersSupreme Court of North Carolina · 1911
  2. Virginia-Carolina Joint Stock Land Bank v. WattSupreme Court of North Carolina · 1935

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