Barber v. . Buffaloe
Supreme Court of North Carolina
ACTION of claim and delivery, tried before Timber-lake, Ji, and a jury at Spring Term, 1897, of Northampton Superior Court. The facts appear in the opinion. There was a verdict for the plaintiff and from the judgment thereon defendant appealed.
1Concurrence
Douglas, J.:
I concur in the judgment in this case, but not in the argument. The plaintiff’s trustor, J. 0. Lassiter, executed to the plaintiff a deed of trust conveying his stock of merchandise, with other personal property, to secure his creditors, preferring a debt for $2500 to Norman & Everett. This preferred debt is admitted to be sufficiently large to absorb the assets after setting aside the lawful exemptions. The defendant, acting as constable, seized the property under execution, which was taken back by the plaintiff under claim and delivery proceedings.
This cause has been twice…
2Cases cited4 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Hodges Bros. v. LassiterSupreme Court of North Carolina · 1887
- Barber v. . BuffaloeSupreme Court of North Carolina · 1892
- Feimester v. . McRorieSupreme Court of North Carolina · 1851