Alexander v. . Farrow
Supreme Court of North Carolina
Appeal from E. B. Jones, J., September Term, 1909, of Foe-syth. Appeal by certain defendants, other than Farrow. The action was brought by J. E. Alexander, assignee and trustee of the K. Howard-Fiteh Company, a corporation, against the creditors of the corporation, to have determined the priority of their claims in the distribution of its assets.
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Appeal from E. B. Jones, J., September Term, 1909, of Foe-syth. Appeal by certain defendants, other than Farrow. The action was brought by J. E. Alexander, assignee and trustee of the K. Howard-Fiteh Company, a corporation, against the creditors of the corporation, to have determined the priority of their claims in the distribution of its assets. Certain creditors obtained judgments against the corporation, and, upon execution issued thereon, the sheriff of the county levied the same upon the property of the corporation, consisting entirely of personal property. Subsequently, and on the same…
1Opinion of the CourtManning, J.
The Sheriff of Forsyth County and the tax collector, Farrow, of the city of Winston are not entitled to priority of payment before the creditors in whose favor judgments were taken and execution levied, before the deed of assignment was executed and recorded. The officers did not levy for the taxes due them, respectively, and the property of the corporation consisted entirely of personalty. Revisal, sec. 2863; Shelby v. Tiddy, 118 N. C., 792. The claim of those judgment crditors, whose executions were levied before the registration of the deed of assignment, to priority of lien and payment,…
2Cases cited6 opinions
- Matter of StrykerNew York Court of Appeals · 1899
- Broyhill v. . GaitherSupreme Court of North Carolina · 1896
- Nash v. . SouthwickSupreme Court of North Carolina · 1897
- Cook v. . RossSupreme Court of North Carolina · 1895
- Bruce v. Carolina Queen Consolidated Mining Co.Supreme Court of North Carolina · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Deecy Products Co. v. WelchCourt of Appeals for the First Circuit · 1941
- Morrow v. . R. R.Supreme Court of North Carolina · 1903
- United States v. BernsteinCourt of Appeals for the Fourth Circuit · 1949
- Phœnix Iron Co. v. Roanoke Bridge Co.Supreme Court of North Carolina · 1915
- Shore v. United Auto Supply Co.West Virginia Supreme Court · 1929
2 more not listed; retrieve them via the Exa API.