Jordan v. . Faulkner
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at December Term, 1914, of Lenoie. Petition in the cause. From the order made’by his Honor, continuing the restraining order to the hearing and refusing to order the payment to the defendant Faulkner of certain money in the hands of a commissioner, the defendant appealed.
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Appeal by defendant from Daniels, J., at December Term, 1914, of Lenoie. Petition in the cause. From the order made’by his Honor, continuing the restraining order to the hearing and refusing to order the payment to the defendant Faulkner of certain money in the hands of a commissioner, the defendant appealed. Certain interpleaders, W. C. Fields, John G. Cox, and others named in their interplea, asked that the funds in the hands of the commissioner be applied to the payment of certain judgments against the defendant.
1Opinion of the CourtBbowN, J.
In this proceeding a decree was entered directing the sale of certain lands for partition among the plaintiffs and the defendant. Before the commencement of this proceeding certain of the interpleaders had obtained judgments against the defendant Faulkner, which were duly docketed in the Superior Court of Lenoir County.
A decree of sale was entered and the commissioner appointed to sell the land. At the sale the two Mitchells, interpleaders, were the purchasers of the land, the other interpleaders being the judgment creditors.
The sale was duly confirmed and the deed made to the purchasers by…
2Cases cited4 opinions
- Zeigler v. His CreditorsSupreme Court of Louisiana · 1896
- Vaughn v. ClarkNebraska Supreme Court · 1876
- Harding v. . SpiveySupreme Court of North Carolina · 1847
- Matter of HardingSupreme Court of North Carolina · 1843
3Cited by4 opinions
- Rostan v. . HugginsSupreme Court of North Carolina · 1939
- Washburn v. WashburnSupreme Court of North Carolina · 1951
- Holley v. . WhiteSupreme Court of North Carolina · 1916
- Cleary v. LedenCourt of Appeals of North Carolina · 1988