Board of Commissioners v. Micks
Supreme Court of North Carolina
Civil aotioN, pending in Edgecombe Superior Court, beard by consent before Bryan, J., at Chambers, in New-bern, N. C., on December 19, 1895. The injunction was refused, and the restraining order theretofore issued by Brown, J., was dissolved, and plaintiff appealed. The facts appear in the opinion of Associate Justice Montgomery.
1Opinion of the Court
Montgomery, J.:
This action was brought to have removed a cloud resting upon the title of a certain lot in the town of Tarboro, which the plaintiff alleges it owns free from incumbrance, and upon which the defendant claims to have a lien under a judgment of Edgecombe superior court. The defendant had issued an execution, on the judgment, and the sheriff had advertised a sale of the lot to take place in December last. A motion for injunction against the sale was heard, after continuance, before Judge Bryan, at Chambers, on the 15th of December, 1895, the defendant having been restrained from…
2Cited by3 opinions
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