Brown & Co. v. Nimocks
Supreme Court of North Carolina
Civil Acticw, with attachment proceedings, to vacate an assignment by E.,M. Nimocks, 'on the ground of fraud and insufficiency of the schedule of preferred debts, tried before Robinson, J., at May Term, 1899, of OumbeelaNd, Superior Court. Upon a former appeal, reported in 124 N. 0., 417, the schedule ivas sustained, and the issue of fraud was abandoned. The plaintiff’s debt was not controverted, and was preferred among the second class.
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Civil Acticw, with attachment proceedings, to vacate an assignment by E.,M. Nimocks, 'on the ground of fraud and insufficiency of the schedule of preferred debts, tried before Robinson, J., at May Term, 1899, of OumbeelaNd, Superior Court. Upon a former appeal, reported in 124 N. 0., 417, the schedule ivas sustained, and the issue of fraud was abandoned. The plaintiff’s debt was not controverted, and was preferred among the second class. They moved for judgment, upon their debt and that it be declared a lieoi upon, the propertjo His Honor refused the motion, dissolved the attachments and…
1Opinion of the CourtFaircloth, C. J.
On May 19, 1897, the defendant Nim-oclts made an assignment of liis property to W. S.- Cook in trust for bis creditors, in classes. On May 27, 1897, the plaintiff sued out an attachment on some of said property, on the assumption that the assignment was void. On appeal, this Court (124 N. C., 417) held that the assignment was not void, and ordered a new trial. At May Term, 1899, the plaintiff tendered a judgment to be signed for the amount of his debt, which was not disputed, and that such judgment be declared a valid lien on .the assigned estate, and that certain other claims in the second…
2Cases cited4 opinions
- Hines v. . HinesSupreme Court of North Carolina · 1881
- Brown & Co. v. NimocksSupreme Court of North Carolina · 1899
- Clement v. . FosterSupreme Court of North Carolina · 1888
- Welch v. . KinslandSupreme Court of North Carolina · 1885
3Cited by3 opinions
- Cole v. Farmers Bank & Trust Co.Supreme Court of North Carolina · 1942
- Corporation Commission v. Farmers Bank & Trust Co.Supreme Court of North Carolina · 1922
- Houston v. Lumber Co.Supreme Court of North Carolina · 1904