Froneberger v. First Nat. Bank of Charlotte
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Western District of North Carolina, at Salisbury; James É. Boyd, Judge. Bill by Lewis B. Froneberger against the First National Bank of Charlotte. Decree dismissing the bill, and complainant appeals.
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Appeal from the District Court of the United States for the Western District of North Carolina, at Salisbury; James É. Boyd, Judge. Bill by Lewis B. Froneberger against the First National Bank of Charlotte. Decree dismissing the bill, and complainant appeals. Lewis B. Froneberger, a citizen of Tennessee, on December 2, 1911, filed in the court below his bill against the First National Bank of Charlotte, wherein he charges substantially: That, prior to October 14, 1869, D. Froneberger, C. Froneberger, and R. Froneberger, under the firm names of D. & R. Froneberger & Co., D. & C. Froneberger,…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). [1] In Crews v. Bank, 77 N. C. 112, involving this very same purchase of lands, it is distinctly decided that the purchase of these lands by the bank was, by reason of the fraudulent conduct of its officer in suppressing bidding, a voidable sale, and not one absolutely void. The court in that case says:
“The only question before us at present is: Was the sale at which the defendant, (bank) purchased void? or did the deed of the sheriff pass the legal estate subject to any equities which may exist between the parties? If the deed is void, and may be…
2Cases cited5 opinions
- Modlin v. Roanoke Railroad & Navigation Co.Supreme Court of North Carolina · 1907
- Crews v. First National Bank of CharlotteSupreme Court of North Carolina · 1877
- Spencer v. ChampionSupreme Court of Connecticut · 1838
- Hill v. . WhitfieldSupreme Court of North Carolina · 1855
- Rich v. . MarshSupreme Court of North Carolina · 1846