W. Devries & Co. v. Haywood
Supreme Court of North Carolina
Lnterplea, in attachment levied on goods, tried before Buxton, J., at Fall Term 1869 of Cumberland Court. The following is the case sent up : The plaintiffs had attached on the 3rd Dec. 1866; the interpleader claimed the property by virtue of a bill of sale from Phillips, dated 19th Nov. 1866 ; the attaching creditors resisted the claim on two grounds: 1. That the bill of sale was fraudulent. 2. That if the bill of sale were not fraudulent, and Haywood had acquired a valid…
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Lnterplea, in attachment levied on goods, tried before Buxton, J., at Fall Term 1869 of Cumberland Court. The following is the case sent up : The plaintiffs had attached on the 3rd Dec. 1866; the interpleader claimed the property by virtue of a bill of sale from Phillips, dated 19th Nov. 1866 ; the attaching creditors resisted the claim on two grounds: 1. That the bill of sale was fraudulent. 2. That if the bill of sale were not fraudulent, and Haywood had acquired a valid title under it, yet that he had, prior to 3d Dec. 1866, the date of the attachment, parted with his title to one Forney…
1Opinion of the CourtReade, J.
The objection to the ruling of his Honor in regard to the testimony of the witness Haywood, was abandoned in this court.
It is not controverted that the goods levied on as the property of the debtor, Phillips, were his property a short tíme before the levy: nor is it controverted that, before the levy, Phillips had sold the goods to the party interpleading, Haywood: nor that Haywood had the right to interplead, provided the property in the goods remained in him. But the plaintiff alleges that Haywood had sold the goods to one Jernigan, and thereby lost his right to be heard. If this were the…
2Cited by7 opinions
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- Farrar v. . StatonSupreme Court of North Carolina · 1888
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