McNair v. . Pope
Supreme Court of North Carolina
Receiver — Fin ancial Judgment — Agricultural Lien — Inter-vener — Disposition of Rents in hands of Receiver. This was an appeal from the rulings of his Honor, Philips, J., at RobesoN Superior Court, May Term, 1888. The object of this action was to enforce an alleged parol trust, and the issue's were decided adversely to the plaintiffs, and it was adjudged that the defendants were the owners and entitled to the possession of the land in controversy.
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Receiver — Fin ancial Judgment — Agricultural Lien — Inter-vener — Disposition of Rents in hands of Receiver. This was an appeal from the rulings of his Honor, Philips, J., at RobesoN Superior Court, May Term, 1888. The object of this action was to enforce an alleged parol trust, and the issue's were decided adversely to the plaintiffs, and it was adjudged that the defendants were the owners and entitled to the possession of the land in controversy. McNair v. Pope, 100 N. C., 404. Pending the action at Spring Term, 1886, William Stubbs was appointed “receiver of the rents and profits and…
1Opinion of the CourtShepherd, J.
— after stating the facts: His ITonor very properly allowed A. &W. McQueen, the agricultural lienees, to intervene and assert their alleged rights in the fund held by the receiver. It is true that there had been a final determination of the issues raised upon the pleadings, but no order had been made as to the rents which had been collected by the receiver, and so far as these were concerned, the cause was still open for further directions.
The order of reference to the Clerk, and the refusal of the Court to direct that the entire fund should be paid to the defendants, were correct. There was…
2Cases cited1 opinion
- McNair v. . PopeSupreme Court of North Carolina · 1888
3Cited by1 opinion
- School District of Ferndale v. Royal Oak Township School District No. 8Michigan Supreme Court · 1940