Legal Opinion

Shattuck v. . Cauley

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 4 opinions

Civil aotioN, tried before Btarbuck, J., and a jury, at Spring Term, 1896, of LeNOie Superior Court. The facts appear in the opinion of Associate Justice Moktgomeet. The defendant, Franklin Cauley, appealed.

1Opinion of the Court

Montgomeey, J.:

This action was brought to subject the land described in the complaint to sale for the purpose of having the proceeds applied to the payment of a debt due to the plaintiff and secured by a deed of trust executed by Thomas Cauley and his wife, two of the defendants, on the 3rd day of May, 1890, and registered duly in the office of the Register of Deeds of Lenoir county. The defendant, Franklin Cauley, brother of the defendant Thomas, upon the trial set up title to the property, and resisted the plaintiff’s claim to have the property sold for the payment of the debt of Thomas.…

2Cases cited2 opinions

  1. W. S. Mason v. . Alfred WilliamsSupreme Court of North Carolina · 1872
  2. Morris v. . HerndonSupreme Court of North Carolina · 1893

3Cited by4 opinions

  1. McDaniel v. . LeggettSupreme Court of North Carolina · 1945
  2. Bank v. Bank.Supreme Court of North Carolina · 1905
  3. Eastern Banking & Trust Co. v. CollinsSupreme Court of North Carolina · 1927
  4. Harris v. SteeleCourt of Appeals of North Carolina · 1979

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