Legal Opinion

Bunting v. Ricks

Supreme Court of North Carolina

Decided December 5, 1838PublishedCited by 20 opinions

This cause was heard upon bill and answers. From the pleadings it appeared, that in a cause by petition in the County Court of Nash between Zaney Lewis and others, there was an interlocutory decree, that a certain slave should be sold for. the purposes of the suit, and Bolin Melton was appointed commissioner to make the sale on a credit of six months.

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This cause was heard upon bill and answers. From the pleadings it appeared, that in a cause by petition in the County Court of Nash between Zaney Lewis and others, there was an interlocutory decree, that a certain slave should be sold for. the purposes of the suit, and Bolin Melton was appointed commissioner to make the sale on a credit of six months. In conformity with the decree he' made the sale on the 17th day of December, 1836, to John B. Bunn, for $1106 ; and took the note of the purchaser and one Cooper, as surety, of that date, payable to himself or order. At the succeeding February…

1Opinion of the Court

Ruffin, Chief Justice,

after stating the case as above, proceeded as follows: Several matters are quite evident in this case, which, we think, are sufficient to authorize the relief of the plaintiffs. The debt which is the subject of the controversy, justly and equitably belongs to the parties to the'suit in the County Court. The security for it was taken under the directions of the Court, by an officer of that Court, and the money was tó be collected by another officer of the Court, for the benefit of those parties. This lattér person, instead of faithfully preserving the security thus…

2Cited by20 opinions

  1. Hill v. RailroadSupreme Court of North Carolina · 1906
  2. McIver v. Young Hardware Co.Supreme Court of North Carolina · 1907
  3. Wynn v. GrantSupreme Court of North Carolina · 1914
  4. Wynn v. . GrantSupreme Court of North Carolina · 1914
  5. Fourth National Bank of Tulsa v. Board of Com'rsSupreme Court of Oklahoma · 1939

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