Kron v. . Smith
Supreme Court of North Carolina
MotioN to attach the plaintiffs for contempt, heard by Avery, Judge, at Spring Term, 1886, of Union Superior Court. Ill the month of August, 1882, the plaintiffs sued out a summons against the defendants, in an action to recover a tract of land of one hundred acres, whereon was a flour and corn mill, in possession of and operated by the defendants.
Read the full summary
MotioN to attach the plaintiffs for contempt, heard by Avery, Judge, at Spring Term, 1886, of Union Superior Court. Ill the month of August, 1882, the plaintiffs sued out a summons against the defendants, in an action to recover a tract of land of one hundred acres, whereon was a flour and corn mill, in possession of and operated by the defendants. Before the return Term, the plaintiffs applied for, and the motion having been continued, in December, obtained an order for the appointment of a receiver, who was invested with full authority as such, but was directed that if the defendants would…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). While it is true the complaint avers and the answer admits, in general terms, that the defendants were in possession of the entire tract, it is quite obvious the relief sought and meant to be given in the order of appointment was against the loss of what prof its would come into the hands of the defendants from their use and occupation. This is apparent from the provision, that upon giving the required security, the defendants were not to be disturbed, but allowed “ to keep possession of said property.” To avoid a literal interpretation of the terms of…
2Cases cited1 opinion
- Bond v. . BondSupreme Court of North Carolina · 1873
3Cited by1 opinion
- In Re T. J. ParkerSupreme Court of North Carolina · 1919