Badger v. . Daniel
Supreme Court of North Carolina
Motion in the Cause heard at Spring Term, 1877, at Halifax Superior Court, before Buxton, J. The plaintiffs moved the Court for an order restraining the defendants from making any disposition of certain bonds until the determination of the action then pendiug and final judgment therein. The case is sufficiently stated by Mr. Justice Rodman in delivering the opinion of this Court. His Honor allowed the motion and the defendant, Winfield, appealed.
1Opinion of the CourtRodman, J.
The case is briefly this : The plaintiffs are creditors of Andrew Joyner, who died in 1856, having devised a lot in Halifax to Mary Daniel, upon whose death it descended to the two defendants, J. J. Daniel and W. A. Daniel. A decree was made in the Court of Equity that said lot be gold for partition, and under the decree the lot was sold on the 6th of November, 1871, by Gregory, Clerk of the Superior Court, and purchased by Conigland who paid a part of the price in cash, and gave two notes of $315 each payable to Gregory, as Cleik, for the residue. • On the 15th of August, 1876, Gregory, the…
2Cases cited1 opinion
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- Badger v. . DanielSupreme Court of North Carolina · 1878
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