Morehead v. Western North Carolina Railroad
Supreme Court of North Carolina
Civil action, heard before Shipp, Judge, at Chambers, in Charlotte, on the 7th day of August, 1886. Under an attachment issued in an action prosecuted by the present plaintiff and Julius A. Gray, in the Superior Court of Mecklenburg county, against William J. Best, and levied on seventy-five hundred shares, owned and held by him in the capital stock of the defendant company, the same was-sold to the plaintiff for the sum of twenty cents per share,, and the sheriff gave him a…
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Civil action, heard before Shipp, Judge, at Chambers, in Charlotte, on the 7th day of August, 1886. Under an attachment issued in an action prosecuted by the present plaintiff and Julius A. Gray, in the Superior Court of Mecklenburg county, against William J. Best, and levied on seventy-five hundred shares, owned and held by him in the capital stock of the defendant company, the same was-sold to the plaintiff for the sum of twenty cents per share,, and the sheriff gave him a certificate therefor. This certificate, as evidence of the sale and the plaintiff's title to the-stock, was deposited…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). We concur in the-opinion of the Court, that inasmuch as the lien was formed by the levy of the attachment, and the answer avers the assignment to have been made, not before that levy, but before the-rendition of judgment, it does not in terms put in issue the superior title by assignment, and the plaintiff’s paramount claim is consistent with the other, as subordinate. There was no reason therefore for delaying the cause by an effort to introduce into it a new party, whose very existence seems-to he in doubt, and who. if there be such, so far as the…
2Cited by4 opinions
- W. F. Kornegay & Co. v. Farmers & Merchants' Steamboat Co.Supreme Court of North Carolina · 1890
- Hambley v. . WhiteSupreme Court of North Carolina · 1926
- May v. Buckhannon River Lumber Co.Court of Appeals of Maryland · 1889
- Henderson Building & Loan Ass'n v. BurwellSupreme Court of North Carolina · 1934