McDonald v. . McBryde
Supreme Court of North Carolina
This was an action of claim and delivery, commenced on September lltli, 1894, by the plaintiff against the defendant, McBryde, to recover possession of a certain crop, raised by McBryde on the lands of the defendant, Pope, and theretofore sold by McBryde to plaintiff.
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This was an action of claim and delivery, commenced on September lltli, 1894, by the plaintiff against the defendant, McBryde, to recover possession of a certain crop, raised by McBryde on the lands of the defendant, Pope, and theretofore sold by McBryde to plaintiff. In said action an order of seizure was issued, and the sheriff took possession of said crop, and defendant James McBryde replevied the crop and gave as his sureties on his replevin bond Henry Pope and H. A. Hodges; this was the first connection of said Pope and Hodges with said action, and neither were parties plaintiff or…
1Opinion of the Court
Avery, J. :
We concur witb the Judge below in the opinion that the bondsmen of the defendant who has consented to a judgment against himself and them, in claim and delivery, for the recovery of certain property, and if recovery thereof could not be had, then for its value, are not entitled to come before the clerk after judgment and procure an order making them parties defendant and ask to have the judgment vacated, and for an injunction. The bondsmen did not offer.to interplead and claim the property in the manner prescribed by law (Oode, Sec. 331) and the judgment is none the less conclusive…
2Cases cited3 opinions
- A. H. Stump & Sons v. LongSupreme Court of North Carolina · 1881
- Smith v. . FortSupreme Court of North Carolina · 1890
- A. McA. Council v. AverettSupreme Court of North Carolina · 1884
3Cited by6 opinions
- Moore v. HumphreySupreme Court of North Carolina · 1958
- Morris v. . PattersonSupreme Court of North Carolina · 1920
- V. Wallace & Sons v. RobinsonSupreme Court of North Carolina · 1923
- Speight Box & Panel Co. v. IpockSupreme Court of North Carolina · 1940
- Long v. . MearesSupreme Court of North Carolina · 1928
1 more not listed; retrieve them via the Exa API.