Blakely v. . Patrick
Supreme Court of North Carolina
Civil action tried before Olarke, Ji, at Spring Term, 1872, of the Superior Court oi G-REeke. The action was commenced in January, 1869, by S. T. Jones & II. T. Bennett, under the name of S. T. Jones & Co., as plaintiffs, to recover possession of “ten new buggies” from the defendant as administrator of S. T. Stilley deceased ; and they having complied with the provisions oí Tit.
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Civil action tried before Olarke, Ji, at Spring Term, 1872, of the Superior Court oi G-REeke. The action was commenced in January, 1869, by S. T. Jones & II. T. Bennett, under the name of S. T. Jones & Co., as plaintiffs, to recover possession of “ten new buggies” from the defendant as administrator of S. T. Stilley deceased ; and they having complied with the provisions oí Tit. IX. chap. 2, of the C. O. P., nine new buggies found in the defendant’s possession were delivered to them by the sheriff'. The plain - tiffs became bankrupts, and S. M. Blakely, having been appointed their assignee,…
1Opinion of the CourtPbaesoN, C. J.
This is an action to recover the possession of personal property, to wit, ten new buggies — and damages for the detention. It appears by the record prosper, that the provisional remedy was resorted to. Under it the sheriff seized nine new buggies that were of the estate of the intestate of defendant, and delivered them to the plaintiff. The judgment is that the plaintiff retain possession of the said property and also recover §127, for damages and costs.
This reference ,to the record proper is made to prevent a confusion of ideas, that might be caused by the circumstance, that in the statement…
2Cases cited1 opinion
- Powell v. . HillSupreme Court of North Carolina · 1870
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- Boney & Harper Milling Co. v. J. C. Stevenson Co.Supreme Court of North Carolina · 1913
- Atkinson v. . GravesSupreme Court of North Carolina · 1884
- State v. . GarrisSupreme Court of North Carolina · 1887
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