Moore v. . Nowell
Supreme Court of North Carolina
Civil. ACTION heard on demurrer, before Clark, Judge, at August Term, 1885, of the Superior Court of Wake eounty. The complaint was as follows: The plaintiff above named, complaining of the defendants above named, alleges: I. That on the 9th of June, A. D. 1879, one William K. Davis, as guardian of Mary A. Morehead, sued out and prosecuted against the defendants J. R. Taylor, John N. Bunting, Charles D. Upchurch and the intestate of the defendant Minerva A. Nowell, J. J.…
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Civil. ACTION heard on demurrer, before Clark, Judge, at August Term, 1885, of the Superior Court of Wake eounty. The complaint was as follows: The plaintiff above named, complaining of the defendants above named, alleges: I. That on the 9th of June, A. D. 1879, one William K. Davis, as guardian of Mary A. Morehead, sued out and prosecuted against the defendants J. R. Taylor, John N. Bunting, Charles D. Upchurch and the intestate of the defendant Minerva A. Nowell, J. J. Nowell, he being then alive, in the court, of a justice of the peace, acting in and for the county aforesaid, three several…
1Opinion of the CourtMerrimoN, J.
Judgments whether they be granted by a justice of the peace, or a court of record, are assignable either in writing or by merely verbal transfer, so as to pass the equitable title to them to the purchaser. Winberry v. Koonce, 83 N. C., 351.
The judgments mentioned and described in the complaint, were assigned to the plaintiff in writing, for value, and he became the complete equitable owner of them, and the “ real party in interest.” The person in whose name they were taken, has only the naked legal title to them, and he holds that for the plaintiff.
It is insisted, however, that the statute,…
2Cases cited9 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Jones v. . MialSupreme Court of North Carolina · 1880
- Frœlich v. Southern Express Co.Supreme Court of North Carolina · 1872
- Dunn v. . Barnes, Adm'rSupreme Court of North Carolina · 1875
- McDonald v. . DicksonSupreme Court of North Carolina · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Skinner v. . TerrySupreme Court of North Carolina · 1890
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- Hood v. . SudderthSupreme Court of North Carolina · 1892
- Sloan v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Davis v. Wall.Supreme Court of North Carolina · 1906
17 more not listed; retrieve them via the Exa API.