Love v. . Johnston
Supreme Court of North Carolina
Civil action, to recover the amount of a note alleged to be lost, tried before Cannon, J., at the Spring Term, 1874, of the Superior Court of Haywood county.
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Civil action, to recover the amount of a note alleged to be lost, tried before Cannon, J., at the Spring Term, 1874, of the Superior Court of Haywood county. On the 21st day of March, 1857, the defendant made the note sued upon, payable to J. R. Love, the testator of the plaintiff, as guardian of one M. J. Commons, a lunatic, for $756.54, J. R. Love continued to be guardian of the said lunatic, until his death in the Fall of 1863. Early in 1864, the plaintiff, Sam’l L. Love, became guardian of said lunatic, and so continued until about two years ago, it being prior to the commencement'of this…
1Opinion of the CourtBynum, J.
1. By the levy of the sheriff, the property in the slaves of the debtor was vested in him, and the title he made to the purchaser, whether the sale was public or private, was good, and after satisfying the executions, the overplus of the purchase money was iue to J. R. Love, the first guardian of Commons, the debtor ward. If the guardian saw fft to take a note from the purchaser for the overplus instead of the cash, the defendant, for whose ease and favor it was done, cannot object; he got the property and owes the money. If the sheriff committed a breach of his official duty in the manner of…
2Cases cited11 opinions
- William R. McKenzie v. . Thomas N. and W. R. CulbrethSupreme Court of North Carolina · 1872
- Cowles v. . HayesSupreme Court of North Carolina · 1874
- Terrell v. . WalkerSupreme Court of North Carolina · 1871
- Bank of Charlotte v. DavidsonSupreme Court of North Carolina · 1874
- Bryan v. . FoySupreme Court of North Carolina · 1873
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3Cited by5 opinions
- Koonce v. . RussellSupreme Court of North Carolina · 1889
- Union Bank of Richmond v. Board of CommissionersSupreme Court of North Carolina · 1895
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- Bank of North Carolina v. DeweyDistrict Court, E.D. North Carolina · 1879
- Wells v. . SluderSupreme Court of North Carolina · 1874