A. A. McKEITHAN & SONS vs. JOHN WALKER & W. J. BROWN
Supreme Court of North Carolina
Motion under Sec. 206, O. C. P., board before Russell, Judge, at Fall Term 1871, at Robeson Superior Court. The plaintiffs made oath that one John "Walker war, indebted to them iu the sum of four hundred dollars, based upon two magistrates’ judgments, docketed in the Superiour Court of Robeson County, on the 25th of June, 1870; executions on said judgments are “returned unsatisfied,” and they believe that one W. J. Brown has in bis possession property of tbe defendant, or is…
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Motion under Sec. 206, O. C. P., board before Russell, Judge, at Fall Term 1871, at Robeson Superior Court. The plaintiffs made oath that one John "Walker war, indebted to them iu the sum of four hundred dollars, based upon two magistrates’ judgments, docketed in the Superiour Court of Robeson County, on the 25th of June, 1870; executions on said judgments are “returned unsatisfied,” and they believe that one W. J. Brown has in bis possession property of tbe defendant, or is indebted to him in an amount exceeding ten dollars. The said W. J. Brown, in obedience to an order directed to bim,…
1Opinion of the CourtRodmaw, J.
The plaintiff, by docketing his judgment, acquired a lien on all the real property of the defendant Walker, in the county of Robeson, at the time of the docketing — C. C. P., sec. 254-503. The judgments were docketed 25th June, 1870 ; the deed in trust from Walker to Brown was made 1st March, 1870. At the time of the docketing, therefore, the defendant Walker had a resulting trust in the land conveyed after payment of the debts secured. The first question to be considered then, is; was this equitable' estate subjected to the lien of the docketed judgments. The law before C. C. P. is clear. As…
2Cited by15 opinions
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- Sexton v. . FarringtonSupreme Court of North Carolina · 1923
- Johnson v. . WhildenSupreme Court of North Carolina · 1914
- Smith v. WeeksWisconsin Supreme Court · 1884
- Rand v. . RandSupreme Court of North Carolina · 1878
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