Legal Opinion · Concurrence

Graham v. Floyd

Supreme Court of North Carolina

Decided June 22, 1938Published

1ConcurrenceBarnhill, J.

However, I consider the discussion of the force and effect of the record evidence as it affects the rights of the defendants Branch premature and statements in that connection as dicta, not binding upon this Court or the court below.

The special proceedings to sell land for assets is voidable as to all who took title with notice of the various irregularities therein. The burden is on the defendants Branch to show that they are innocent purchasers for value without notice. In the trial it may develop that they had knowledge of the various serious irregularities in the special proceedings under…

2Cases cited1 opinion

  1. McNeill v. . McBrydeSupreme Court of North Carolina · 1893

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