Wooten v. Taylor
Supreme Court of North Carolina
Ait-eat, by plaintiff from Allen, J., at June Term, 1912, of LENOIR. Civil action. Tlie facts relevant to the question presented, embodied in tbe judgment, are as follows: First. That on 27 July, 1910, tbe said J. F. Hartsfield executed a chattel mortgage on tbe property described in tbe complaint, being all of bis property except $50 or $75 worth of accounts, mostly insolvent. Second.
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Ait-eat, by plaintiff from Allen, J., at June Term, 1912, of LENOIR. Civil action. Tlie facts relevant to the question presented, embodied in tbe judgment, are as follows: First. That on 27 July, 1910, tbe said J. F. Hartsfield executed a chattel mortgage on tbe property described in tbe complaint, being all of bis property except $50 or $75 worth of accounts, mostly insolvent. Second. That on 21- December, 1910, tbe said Hartsfield made assignment to tbe plaintiff, D. F. "Wooten, conveying all of said property for tbe benefit of his creditors, subject to said mortgage mentioned in tbe next…
1Opinion of the CourtHoke, J.
By the statutes of 1909, cb. 918, important changes were made in our law of assignments, Revisal, secs. 967, 968, et seq. These changes, appearing in Pell’s Supplement, vol. 3, pp. 46-47, are as follows:
967. (Eepealed, and tbe following enacted in its stead:) “Upon tbe execution of any voluntary deed of trust or deed of assignment for tbe benefit of creditors, all debts of tbe maker thereof shall become due and payable at once, and no such deed of trust or deed of assignment shall contain any preferences of one creditor over another, except as hereinafter stated.”
968. (Amended by adding at…
2Cases cited10 opinions
- Gibson v. WardenSupreme Court of the United States · 1872
- Odom v. . ClarkSupreme Court of North Carolina · 1908
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- Atherton v. FowlerSupreme Court of the United States · 1875
- North State Piano Co. v. SpruillSupreme Court of North Carolina · 1909
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3Cited by3 opinions
- Bank v. . GilmerSupreme Court of North Carolina · 1895
- Godwin v. . BankSupreme Court of North Carolina · 1907
- Teague v. Howard Grocery Co.Supreme Court of North Carolina · 1918