Legal Opinion

McNair v. Pope

Supreme Court of North Carolina

Decided February 15, 1887PublishedCited by 1 opinion

This is an appeal from an ORDER APPOINTING a receiver, made by Gilmer, Judge, at the August Term, 1886, of Robeson Superior Court. The plaintiffs are the heirs at law of Duncan McNair, deceased, who, in Januarj'', 1869, had executed a mortgage to one John McOallum, a copy of which is filed with the complaint. John McOallum died in 1871, leaving a will, with Alex.

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This is an appeal from an ORDER APPOINTING a receiver, made by Gilmer, Judge, at the August Term, 1886, of Robeson Superior Court. The plaintiffs are the heirs at law of Duncan McNair, deceased, who, in Januarj'', 1869, had executed a mortgage to one John McOallum, a copy of which is filed with the complaint. John McOallum died in 1871, leaving a will, with Alex. McRae and John L. McRae as executors, who duly qualified as such, and on March 9th, 1875, sold the land mentioned in the mortgage, at public auction, and executed a deed purporting to convey the land to the defendants. The plaintiffs…

1Opinion of the Court

Davis, J.,

(after stating the facts). The Code, §379, provides, that a receiver may be appointed: “ before judgment, on 1he application of either party, when he establishes • an. apparent right to property, which is the subject of the action, and which is in the possession of an adverse party, and the property or its rents and profits are in danger of being lost, or materially injured or impaired.”

The apparent right of the defendants to the property in this action, if it depended only upon the deed from the executors of John McCallum, would perhaps not warrant the order appointing a receiver,…

2Cases cited5 opinions

  1. John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
  2. Horton v. . WhiteSupreme Court of North Carolina · 1881
  3. Oldham v. First National Bank of WilmingtonSupreme Court of North Carolina · 1881
  4. Kerchner v. . FairleySupreme Court of North Carolina · 1879
  5. Nesbitt v. . TurrentineSupreme Court of North Carolina · 1880

3Cited by1 opinion

  1. Lovett v. . SlocumbSupreme Court of North Carolina · 1891

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