Legal Opinion

Barber v. . Buffaloe

Supreme Court of North Carolina

Decided March 8, 1898Published

ACTION of claim and delivery, tried before Timber-lake, Ji, and a jury at Spring Term, 1897, of Northampton Superior Court. The facts appear in the opinion. There was a verdict for the plaintiff and from the judgment thereon defendant appealed.

1Opinion of the Court

Fürches, J.:

This case has been here before and is reported in 111 N. C., 206, and in 114N. C., 228. On December 9, 1889, J. C. Lassiter made, what appears to be a general assignment of all his property to the plaintiff Barber, in trust, apparently to secure and pay all his 'debts. In this deed of assignment it is provided that Barber, the trustee, shall at once take the property named in the deed into his possession, to sell the same for cash, privately or publicly, and out of the proceeds arising therefrom to first pay the debt of Norman & Everett, after the proceeds of other property of…

2Cases cited8 opinions

  1. Hodges Bros. v. LassiterSupreme Court of North Carolina · 1887
  2. Barber v. . BuffaloeSupreme Court of North Carolina · 1892
  3. Phipps v. . PierceSupreme Court of North Carolina · 1886
  4. Calvert v. . MillerSupreme Court of North Carolina · 1886
  5. Feimester v. . McRorieSupreme Court of North Carolina · 1851

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