Legal Opinion

Gibson v. . Barbour

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 27 opinions

Civil action", for the recovery of land, heard before Con-nor, /., at September Term, 1887, of Richmond Superior Court. Jury waived. Trial by the Judge. The plaintiff appealed.

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Civil action", for the recovery of land, heard before Con-nor, /., at September Term, 1887, of Richmond Superior Court. Jury waived. Trial by the Judge. The plaintiff appealed. The defendant, Hugh A. Barbour, becoming indebted to the firm of W. F. Kornegay & Co. in the sum of $2,000, due by notes, to secure the same, conveyed to the said creditors, by deed of mortgage, with a power of sale in case of default in making payment, as each became payable, a steam engine and certain other machinery, as also the tract of land described in the complaint, and sought to be recovered in the present…

1Opinion of the Court

Smith, C. J.,

(after stating the facts). We proceed to ex amine the series of exceptions taken to the rulings of the Judge, and brought up on the appeal.

1st Excep. — So far as the finding of the agency of the attorney rests upon the sufficiency and credibility of the testimony in establishing the fact, the finding of the Judge is conclusive.

If the objection be predicated upon the absence of any evidence, i't cannot be sustained, for the attorney expressly states, that he acted as such in the matter of selling the property.

£d Ex. — The same witness states: “ I made the sale for W. P. Kornegay &…

2Cases cited7 opinions

  1. Froneberger v. . LewisSupreme Court of North Carolina · 1878
  2. Sumner v. . SessomsSupreme Court of North Carolina · 1886
  3. Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
  4. Joyner v. . FarmerSupreme Court of North Carolina · 1878
  5. Hulbert v. . DouglasSupreme Court of North Carolina · 1886

2 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Montgomery v. . BladesSupreme Court of North Carolina · 1940
  2. Mills v. . Building Loan Assn.Supreme Court of North Carolina · 1940
  3. Davis v. . DoggettSupreme Court of North Carolina · 1937
  4. Austin v. . StewartSupreme Court of North Carolina · 1900
  5. Hayes v. PaceSupreme Court of North Carolina · 1913

22 more not listed; retrieve them via the Exa API.

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