Dockery v. . French .
Supreme Court of North Carolina
This was a oivil ACTION, to compel one of the defendants, a trustee, to convey the legal title to certain lands to the plaintiff, and also for an injunction, tried before Kerr, J., at the Spring Term, 1875, of RobesoN Superior Court. This case was before this Court at June Term, 1873, upon an appeal by defendants from an order, continuing the injunction against the sale of the premises until the hearing.
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This was a oivil ACTION, to compel one of the defendants, a trustee, to convey the legal title to certain lands to the plaintiff, and also for an injunction, tried before Kerr, J., at the Spring Term, 1875, of RobesoN Superior Court. This case was before this Court at June Term, 1873, upon an appeal by defendants from an order, continuing the injunction against the sale of the premises until the hearing. See 69 N. C. Rep., 308. Subsequently by consent it was referred, when at Spring Term, 1875, the referee filed the following report, to-wit: “ Having been appointed at Eall Term, 1874, of…
1Opinion of the CourtRodMAN, J.
As Dockery purchased the land with full notice of all the circumstances attending the alleged payment by Morrissey, we are at liberty to consider him as standing in the shoes of Morrissey. It is properly conceded also, that the payment by Morrissey extinguished the debt to the value of the Confederate money on 6th February, 1864. So that the only question is, did it extinguish and satisfy the surplus of the debt beyond such value. A creditor in his own right, may receive payment in what he pleases, or may voluntarily release his debt. But it is otherwise with a trustee who is bound to protect…
2Cases cited2 opinions
- Sudderth v. . McCombsSupreme Court of North Carolina · 1871
- State v. . SheltonSupreme Court of North Carolina · 1871
3Cited by1 opinion
- Brown v. . CobleSupreme Court of North Carolina · 1877