Fleming v. . Burgin
Supreme Court of North Carolina
This canse having been set for hearing, at the Spring Term, 1843, of the Court of Equity for Burke county, was then removed, by consent of the parties, to be heard in the Supreme Court.
Read the full summary
This canse having been set for hearing, at the Spring Term, 1843, of the Court of Equity for Burke county, was then removed, by consent of the parties, to be heard in the Supreme Court. The following is a summary of-the matters stated in the pleadings : The bill is filed by Fleming and Lewis, and states that on the 18th day of November, 1837, the defendant, Benjamin Burgin the younger, of Burke county, being indebted to each of the plaintiffs, Fleming and Lewis, who also resided in Burke, and to sundry persons named, residing in Charleston in South Carolina, in certain sums therein mentioned,…
1Opinion of the CourtRuNfin, C. J.
The execution of the deed from the one Burgin to the other, at the period of its date and the justice of the debts thereby secured, are fully proved, and indeed were admitted on the hearing. The case therefore turns on the effect, which, notwithstanding the prior registration of that deed, notice, at the time it was taken, to the creditor of the previous deed, under which the plaintiffs claim, will have in postponing the last mortgage ; and whether, if any notice will have that effect, the notice in this case was sufficient. The act of 1829, Rev. Stat. c. 37, s. 24, enacts, that no deed of…
2Cited by12 opinions
- North State Piano Co. v. SpruillSupreme Court of North Carolina · 1909
- Cowan v. DaleSupreme Court of North Carolina · 1925
- Weathersbee v. GoodwinSupreme Court of North Carolina · 1918
- Bank of Colerain v. CoxSupreme Court of North Carolina · 1916
- Blalock v. . StrainSupreme Court of North Carolina · 1898
7 more not listed; retrieve them via the Exa API.