Duke v. . Markham
Supreme Court of North Carolina
This was a civil action, tried at January Term, 1890, of the Superior Court of Durham County, before Armfteld, J. The plaintiff offered as a witness, Paschal Lunsford, who testified that he is Register of Deeds of Durham County, and there appears upon the books in his office a mortgage, registered and recorded by him on November 15th, 1888, purporting to be executed by the Durham Sash, Door and Blind Company to Washington Duke, the plaintiff.
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This was a civil action, tried at January Term, 1890, of the Superior Court of Durham County, before Armfteld, J. The plaintiff offered as a witness, Paschal Lunsford, who testified that he is Register of Deeds of Durham County, and there appears upon the books in his office a mortgage, registered and recorded by him on November 15th, 1888, purporting to be executed by the Durham Sash, Door and Blind Company to Washington Duke, the plaintiff. Plaintiff offered the mortgage in evidence. Defendant objects. Objection overruled and exception by defendant. L. W. Grissom, a witness for the…
1Opinion of the Court
Clark, J.:
This was a claim and delivery proceeding brought against defendant, who, as Sheriff of. Durham County, had taken possession of certain personal property of a corporation — the Durham Sash, Door and Blind Manufacturing Company — by virtue of executions in his hands, and had advertised the same for sale. The plaintiff claims the property by virtue of the mortgage of November 15th, 1888, given to indemnify him against loss as surety to said company upon a note to the bank, which would fall due November 15th, 1889. The conclusion of the mortgage and the probate are in the following…
2Cases cited4 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Robinson v. WilloughbySupreme Court of North Carolina · 1874
- Evans v. . EtheridgeSupreme Court of North Carolina · 1888
- Peirce v. New-Orleans Building Co.Supreme Court of Louisiana · 1836
3Cited by51 opinions
- Hill v. RailroadSupreme Court of North Carolina · 1906
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- Smith v. . FullerSupreme Court of North Carolina · 1910
- Cleveland Cotton Mills v. Commissioners of Cleveland CountySupreme Court of North Carolina · 1891
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