Williamson v. . Nealy
Supreme Court of North Carolina
Civil aotioN, beard before Stariuch, J., at Fall Term, 1896, of ColuMbus Superior Court. A jury trial was waived, and tbe court found the facts, which were agreed to by the parties: That on April 28, 1896, the plaintiffs sold the defendant E. Nealy a buggy, and said defendant executed to plaintiffs the following paper-writing : “ $20. “ Sixty days after date I promise to pay Williamson & Go. twenty dollars for value received in one open Wren buggy.
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Civil aotioN, beard before Stariuch, J., at Fall Term, 1896, of ColuMbus Superior Court. A jury trial was waived, and tbe court found the facts, which were agreed to by the parties: That on April 28, 1896, the plaintiffs sold the defendant E. Nealy a buggy, and said defendant executed to plaintiffs the following paper-writing : “ $20. “ Sixty days after date I promise to pay Williamson & Go. twenty dollars for value received in one open Wren buggy. It is to stand good for the above amount if not paid when due. “ Given under my hand and seal, this April 28, 1896. “'[Signed.] E. NEALY. [Seal.]…
1Opinion of the Court
Fueohes, J.:
The plaintiffs claim title to the buggy under an unregistered mortgage from the defendant Nealy, and the interpleaders, Worth and others, claim title under attachments against the defendant Nealy. The plaintiffs, under claim and delivery proceedings, had caused the buggy to be taken by the sheriff, and while the sheriff had the property in his possession under these proceedings, the defendant interpleaders placed in his hands the attachment papers on their claim, and the sheriff levied the same (if he had the right to do so) on the buggy, while it was still in his possession under…
2Cited by6 opinions
- Lemly v. EllisSupreme Court of North Carolina · 1906
- Mitchell v. . SimsSupreme Court of North Carolina · 1899
- Hawi Mill & Plantation Co. v. LelandCalifornia Court of Appeal · 1922
- Lemly v. . EllisSupreme Court of North Carolina · 1906
- Leroy v. Jacobosky.Supreme Court of North Carolina · 1904
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