Eigenbrun v. Smith
Supreme Court of North Carolina
Civil actioN, tried before Merrimon, Judge, at May Term, 1887, of VaNCE Superior Court. The plaintiff claimed certain property mentioned in the pleadings, under a deed of trust, executed by Robinson & Holt, to H. T. Watkins, dated March 17th, 1886, and a bill of sale from the said trustee, and Robinson & Holt, tp himself, dated March 19th, 1886. The defendant Smith is the sheriff of the county of Vance, and' as such, levied upon and took possession of said property under…
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Civil actioN, tried before Merrimon, Judge, at May Term, 1887, of VaNCE Superior Court. The plaintiff claimed certain property mentioned in the pleadings, under a deed of trust, executed by Robinson & Holt, to H. T. Watkins, dated March 17th, 1886, and a bill of sale from the said trustee, and Robinson & Holt, tp himself, dated March 19th, 1886. The defendant Smith is the sheriff of the county of Vance, and' as such, levied upon and took possession of said property under execution, in favor of his co-defendants, M. Cohen and Charles Cohen, who alleged that the deeds under which the plaintiff…
1Opinion of the Court
Davis, J.,
(after stating the ease).
1. The first instruction to the jury asked for by the plaintiff was given, with a substitution of the words “ affair price ” *215in lieu of the words “ for value,” and there was no error in this -of which the plaintiff could complain. It was as favorable as he could ask. The evidence tended to show that the plaintiff knew that there were executions in the hands of the sheriff. In Beals v. Guernsey, 8 Johnson, 446, it is said •' “ The rule is, that the purchaser, knowing of the judgment, must purchase with the view and purpose to defeat the creditors’ execution;…
2Cases cited2 opinions
- Frank v. Robinson & HoltSupreme Court of North Carolina · 1887
- State Ex. Rel. Davenport v. McKeeSupreme Court of North Carolina · 1886
3Cited by8 opinions
- Morehead Banking Co. v. WhitakerSupreme Court of North Carolina · 1892
- Bobbitt v. . RodwellSupreme Court of North Carolina · 1890
- Cox v. Wall.Supreme Court of North Carolina · 1903
- Barber v. . BuffaloeSupreme Court of North Carolina · 1892
- Davis v. B. J. Smith & Co.Supreme Court of North Carolina · 1893
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