Legal Opinion

Jackson v. . Sloan

Supreme Court of North Carolina

Decided January 5, 1877PublishedCited by 7 opinions

Lien of Judgment -- Sale of Property Subject to Lien by Judgment Debtor — Injunction. Appeal from an Order vacating an Injunction, made on the 29th of November, 1876, at Chambers in Charlotte by ISchench, J. The action was commenced in the Superior Court of Gas-ton County. The controversy in this appeal is between the plaintiff Jackson and the defendant S. J. Sloan.

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Lien of Judgment -- Sale of Property Subject to Lien by Judgment Debtor — Injunction. Appeal from an Order vacating an Injunction, made on the 29th of November, 1876, at Chambers in Charlotte by ISchench, J. The action was commenced in the Superior Court of Gas-ton County. The controversy in this appeal is between the plaintiff Jackson and the defendant S. J. Sloan. Sloan obtained a judgment against the firm of J. & E. 13. Stowe, which constituted a lien upon the “Stowesville Factory” belonging to the firm. Afterwards Jackson purchased of J. & E. B. Stowe the factory in question and of course…

1Opinion of the Court

Bynum, -T.

(After stating the facts as above.) Upon this» state of facts tbe plaintiff demands that the defendant Sloan, be enjoined from selling the “Stowesville Factory ” and b& compelled first to look to the fund arising from the sale of" the “Spring Shoal” tract for the satisfaction of his judgment. The question is whether the plaintiff is entitled to this relief. From the admissions expressed and implied in the-answer, -we think he is.

What are the obstacles preventing the Sheriff' from paying out the “ Spring Shoal” fund in discharge of the executions under which that property was sold,…

2Cases cited3 opinions

  1. Meech v. . AllenNew York Court of Appeals · 1858
  2. Roberts v. . Oldham and OthersSupreme Court of North Carolina · 1869
  3. Robertson v. AlfordMississippi Supreme Court · 1850

3Cited by7 opinions

  1. Waff Bros. v. Bank of North Carolina, N.A.Supreme Court of North Carolina · 1976
  2. Brown v. HardingSupreme Court of North Carolina · 1915
  3. Brown v. . HardingSupreme Court of North Carolina · 1915
  4. Francis v. HerrenSupreme Court of North Carolina · 1888
  5. Stancill v. SpainSupreme Court of North Carolina · 1903

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