Gaster v. . Hardie
Supreme Court of North Carolina
This was a Civil ActioN for injunction and other relief, brought to Spring Term, 1876, of the Superior Court of CUMBERLAND County, and heard before his Honor, Judge Buxton, at Chambers, May 23d, 1876. The plaintiff alleged in his complaint that in the month of December, 1875, he purchased from one W. C. Troy a lot of horses and buggies, and borrowed from him at the same time $200, and to secure the payment of the purchase money and the loan, executed to Troya mortgage of…
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This was a Civil ActioN for injunction and other relief, brought to Spring Term, 1876, of the Superior Court of CUMBERLAND County, and heard before his Honor, Judge Buxton, at Chambers, May 23d, 1876. The plaintiff alleged in his complaint that in the month of December, 1875, he purchased from one W. C. Troy a lot of horses and buggies, and borrowed from him at the same time $200, and to secure the payment of the purchase money and the loan, executed to Troya mortgage of certain personal property, including the said horses and buggies. That afterwards plaintiff borrowed other money and…
1Opinion of the CourtBynum, J.
The defendant obtained judgment and caused executions to issue against the property of the plaintiff. The sheriff caused the personal property exemption to be laid off, and the appraisers made the following return : “ We viewed and appraised the following articles of personal property of said W. D. Gaster as by annexed schedule, amounting to $964.50. We find mortgages on said property of $1,013.50, duly recorded, and more than sufficient to cover the valuation of the property; and find no excess •over said mortgages to allot off, except the equity of redemption in said property, which we lay…
2Cases cited2 opinions
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Cheatham v. JonesSupreme Court of North Carolina · 1873
3Cited by11 opinions
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Arnold v. . EstisSupreme Court of North Carolina · 1885
- Albright v. . AlbrightSupreme Court of North Carolina · 1883
- Cheek v. . WaldenSupreme Court of North Carolina · 1928
- Montford v. GrohmanCourt of Appeals of North Carolina · 1978
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