Ledford v. Emerson
Supreme Court of North Carolina
AotioN by John P. Ledford against A. S. Emerson, pending in the Superior Court of Cherokee. This is a petition for a habeas corpus by tbe defendant, in whicb he asks to be discharged from an arrest made by the Sheriff under an execution against his person issued in the above-entitled case, heard bj Judge W. R. Allenat chambers, on 6 August, 1906, and he was discharged.
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AotioN by John P. Ledford against A. S. Emerson, pending in the Superior Court of Cherokee. This is a petition for a habeas corpus by tbe defendant, in whicb he asks to be discharged from an arrest made by the Sheriff under an execution against his person issued in the above-entitled case, heard bj Judge W. R. Allenat chambers, on 6 August, 1906, and he was discharged. It is alleged that the parties were equal partners in a transaction by which in 1900 and 1901 they secured options for the purchase of certain land situated in the State of Georgia, which defendant took in his own name for…
1Opinion of the Court
Walicjee, J.,
after stating tbe case: Tbe plaintiff alleges that tbe defendant collected tbe proceeds of tbe sale of tbe options, which amounted to $10,000, and that bis share was one-half or $5,000, from which was to be deducted tbe sum of $600 due by tbe plaintiff on tbe settlement, leaving $4,400 tbe clear balance coming to tbe plaintiff as bis share of tbe profits. So far tbe complaint shows only an indebtedness by tbe defendant to tbe plaintiff arising out of contract. But be further alleges that while be consented that the options might be taken in the defendant’s name, upon tbe…
2Cases cited13 opinions
- Payne v. ElliotCalifornia Supreme Court · 1880
- Pasour v. . LinebergerSupreme Court of North Carolina · 1884
- Merritt v. WilcoxCalifornia Supreme Court · 1877
- State Ex Rel. Peebles v. FooteSupreme Court of North Carolina · 1880
- Turner v. . HoldenSupreme Court of North Carolina · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. . WebbSupreme Court of North Carolina · 1911
- Nunn v. SmithSupreme Court of North Carolina · 1967
- Mozorosky v. HurlburtOregon Supreme Court · 1921
- Ledford v. SmithSupreme Court of North Carolina · 1937
- Doyle v. . BushSupreme Court of North Carolina · 1915
11 more not listed; retrieve them via the Exa API.