Grimes v. . Brown
Supreme Court of North Carolina
This was an appeal-by defendant from an order setting aside a report and account, made by Shvford, J., at March Term, 1893, of MaiítiN Superior Court. It will only be necessary to set out the consent decree in the cause made at chambers to reach a proper understanding of the questions involved.
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This was an appeal-by defendant from an order setting aside a report and account, made by Shvford, J., at March Term, 1893, of MaiítiN Superior Court. It will only be necessary to set out the consent decree in the cause made at chambers to reach a proper understanding of the questions involved. The consent decree was as follows: “This cause coming on to be heard on motion of plaintiff for the appointment of a receiver of the properly described in the complaint, and for an order restraining the defendant H. Brown from selling the property embraced in the mortgage made to him by the plaintiff…
1Opinion of the Court
MacRae, J.:
It will he noted that the order appointing a receiver and referee has all of the elements of a submission to arbitration under order of Court. The referee is to determine all matters between said G. E. Brown and the plaintiff, growing out of their copartnership dealings. In the same order lie is required, as receiver, to sell the property, collect the assets, and pay out the proceeds according to the rights of the parties as determined by himself as referee. He is to report bis action to the next term of the Court, to be entered as the judgment of the Court. The order is by consent…
2Cases cited2 opinions
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- D. M. Gudger v. . A. E. BairdSupreme Court of North Carolina · 1872