Steadman v. . Taylor
Supreme Court of North Carolina
Civil Action to recover Possession of Land, Hied at 'Spring Term, 1877, of Ruthereord Superior Court, before Cloud, J. Both parties claimed under one John S. Eord, the grantee of the State of seventy-three acres of laud which is the subject of this controversy. Ford went into bankruptcy in 18C9, and his assignee sold said land at pub.ic auction to one Carpenter who sold to the plaintiff.
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Civil Action to recover Possession of Land, Hied at 'Spring Term, 1877, of Ruthereord Superior Court, before Cloud, J. Both parties claimed under one John S. Eord, the grantee of the State of seventy-three acres of laud which is the subject of this controversy. Ford went into bankruptcy in 18C9, and his assignee sold said land at pub.ic auction to one Carpenter who sold to the plaintiff. The defendant relied on the following paper writing executed by said Ford on the 28th of .November, 1863, before he ivas adjudicated a bankrupt; “Received of Miller Taylor (defendant) $200 in part payment for…
1Opinion of the CourtRobmaN, J.
A purchaser at a sale by an Assignee in “Bankruptcy stands on the same footing with a purchaser at execution sale. Carr v. Fcarington, 63 N. C. 560.
He takes the estate of the bankrupt subject to all equities against it, and it is settled in this State, that it is immaterial whether he knows of them or not. In this case however the plaintiff had notice of the equity of the defendant. He knew that he was living 'on the land and that he claimed to have bought it of Ford before his bankruptcy.
Before a plaintiff can recover in what for brevity and .convenience we may still call an action of…
2Cases cited1 opinion
- Carr v. . Fearington and OthersSupreme Court of North Carolina · 1869
3Cited by5 opinions
- Scott v. . TimberlakeSupreme Court of North Carolina · 1880
- Motz v. . StoweSupreme Court of North Carolina · 1880
- In Re WallaceSupreme Court of North Carolina · 1937
- Jennings & Sons, Inc. v. HowardSupreme Court of North Carolina · 1937
- Lynch v. JohnsonSupreme Court of North Carolina · 1916