Webb Cash'r v. . Boyle
Supreme Court of North Carolina
MOTION to dissolve an' injunction, heard before Barnes, ■J., at Spring Term 1868, of the Court of Equity for Bertie. The plaintiff, Cashier of the Bank of North Carolina at “Windsor, alleged that at February Term 1861 of the County •Court of Bertie he had obtained a judgment against one John M. Boyle for $13,319.68, and that an execution upon the same was levied upon a tract known as the Rainbow Swamp; that a sale during the war was impracticable, owing to the presence of…
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MOTION to dissolve an' injunction, heard before Barnes, ■J., at Spring Term 1868, of the Court of Equity for Bertie. The plaintiff, Cashier of the Bank of North Carolina at “Windsor, alleged that at February Term 1861 of the County •Court of Bertie he had obtained a judgment against one John M. Boyle for $13,319.68, and that an execution upon the same was levied upon a tract known as the Rainbow Swamp; that a sale during the war was impracticable, owing to the presence of the armies, and that since the war it has been-prevented by Stay Laws and Military Orders; that John M. Boyle died…
1Opinion of the CourtDick, J.
The object of the bill. in this case is to prevent destructive injuries in the nature of waste, on land upon which the complainants have an execution lien. The suit at law, by which the judgment and execution were obtained, was brought by complainant Webb, as Cashier of the Bank of North Carolina. The said Bank has been adjudged a bankrupt, and the assignee, Charles Dewey, made application to become a party complainant in this Court, as provided for in Sec. 16. (S-. C. 68. of the Bankrupt Act of March 2nd 1867. The application was allowed. He is not a necessary party’ as the plaintiff Webb…
2Cited by12 opinions
- Fishel v. BrowningSupreme Court of North Carolina · 1907
- Fishel v. . BrowningSupreme Court of North Carolina · 1907
- In Re the Will of StimpsonSupreme Court of North Carolina · 1958
- Miller v. . Parker .Supreme Court of North Carolina · 1875
- State v. ThompsonSupreme Court of North Carolina · 1902
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