Monroe Bros. v. Fuchtler & Kern
Supreme Court of North Carolina
Civil action to set aside trustee’s deed to real estate, heard before Adams, J., at April Term, 1897, of Wayne Superior Court. The Court gave judgment for the defendants, and the plaintiffs appeal ed. The facts appear in the opinion.
1Opinion of the Court
Furches, J.:
In 1890 the defendants, Fuchtler & Kern, and their wives conveyed the land in controversy to Julius Slocumb in trust to secure the payment of a debt to H. Weil & Bros., and a debt to Sol. Weil, amounting in all to about $1,000. This trust deed contained the usual-powers of sale and was filed for registration and registered in 1890, though it was not indexed in the individual names of the grantors or grantee, and there was no alphabetical index of the same ever made. In 1893 the plaintiff recovered a judgment against the makers of said deed in trust for $421.91, which was docketed…
2Cases cited10 opinions
- Worthy v. . CaddellSupreme Court of North Carolina · 1877
- Gibson v. . BarbourSupreme Court of North Carolina · 1888
- Smith v. BlackSupreme Court of the United States · 1885
- Clark v. Trust Co.Supreme Court of the United States · 1879
- Hinton v. . PritchardSupreme Court of North Carolina · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- Hare v. . WeilSupreme Court of North Carolina · 1938
- Davis v. Keen.Supreme Court of North Carolina · 1906
- Hayes v. PaceSupreme Court of North Carolina · 1913
- Hayes v. . PaceSupreme Court of North Carolina · 1913
10 more not listed; retrieve them via the Exa API.