Dillard v. . Walker

We have read the record and examined the briefs of the litigants carefully. The whole proceeding is peculiar in many respects and we will have to “fish out” the matters to give it proper consideration. It appears from the complaint that the assets of the defendant J. W. Walker in real and personal property amount to some $131,621 and his liabilities are approximately $85,000. The action is in the nature of a creditor’s bill. There is no insolvency from the pleadings, therefore there could be no receiver appointed on that account. Woodall v. Bank, 201 N. C., 428.

The plaintiff in the prayer for…