Meares v. Davis
Supreme Court of North Carolina
In an action for the foreclosure of a mortgage pending in New HaNOVER Superior Court, the defendants filed the following petition in the 'cause: “The defendants in the above entitled action show to the Court: First. — -That at the January term, 1897, of this Court upon the complaint herein filed, a decree by consent was rendered against the defendants, adjudging the defendants Samuel J. Davis, A. H. Zoeller and V. E. Zoeller to be indebted to the plaintiff Receivers 'in the…
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In an action for the foreclosure of a mortgage pending in New HaNOVER Superior Court, the defendants filed the following petition in the 'cause: “The defendants in the above entitled action show to the Court: First. — -That at the January term, 1897, of this Court upon the complaint herein filed, a decree by consent was rendered against the defendants, adjudging the defendants Samuel J. Davis, A. H. Zoeller and V. E. Zoeller to be indebted to the plaintiff Receivers 'in the sum of Four Thousand, Three Hundred and Forty-Five and S6-100 dollars, with interest thereon from .July 26th, 1895, such…
1Opinion of the Court
Furches, J.:
This is a petition in the cause filed by the defendant corporator of the insolvent “Carolina Inter-State *129Building & Loan Association.” It asks the -Judge to make au order requiring- the receivers to pay the petitioners $382.27 now in the hands of the receivers, arising from a sale of the defendant- petitioner’s property. It is admitted that $382.27 is their pro rata proportion of the deficiency of this defaulting Association.
To grant the order asked for would be to relieve the petitioners from the burdens of the defalcations of their insolvent Association, at the expense of their…
2Cases cited3 opinions
- Strauss v. Carolina Inter-State Building & Loan Ass'nSupreme Court of North Carolina · 1895
- Strauss v. Carolina Interstate Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Thompson v. North Carolina Building & Loan Ass'nSupreme Court of North Carolina · 1897
3Cited by4 opinions
- McIlwaine v. EllingtonCourt of Appeals for the Fourth Circuit · 1901
- Rendleman v. . StoesselSupreme Court of North Carolina · 1928
- New Bern Building & Loan Ass'n v. BlalockSupreme Court of North Carolina · 1912
- Lauer v. Covenant Building & Loan Ass'nU.S. Circuit Court for the District of Western North Carolina · 1899