Bank v. Bank.
Supreme Court of North Carolina
AotioN by Battery Park Bank and others against Western Carolina Bank, beard by Judge Thos. J. Shaw, at tbe December Term, 1904, of the Superior Court of Bthstcombe County, upon petition of Merrick and Hewitt for the cancellation of a deed of trust in favor of J. M. Campbell, at the expense of the receiver. From the judgment rendered, both Campbell and the receiver appealed.
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AotioN by Battery Park Bank and others against Western Carolina Bank, beard by Judge Thos. J. Shaw, at tbe December Term, 1904, of the Superior Court of Bthstcombe County, upon petition of Merrick and Hewitt for the cancellation of a deed of trust in favor of J. M. Campbell, at the expense of the receiver. From the judgment rendered, both Campbell and the receiver appealed. The Battery Park Bank filed its creditor’s bill against the Western Carolina Bank and the assets of the defendant bank were placed in the hands of a receiver, and as part of the assets there came into his hands a certain…
1Opinion of the Court
The Battery Park Bank filed its creditor's bill against the Western Carolina Bank and the assets of the defendant bank were placed in the hands of a receiver, and as part of the assets there came into his hands a certain parcel of real estate in the city of Asheville, known as the "Asheville Tobacco Works and Cigarette Factory." This property had formerly belonged to the Asheville Tobacco Works, which company conveyed it to George S. Powell in trust to secure a debt of $1,000 due John M. Campbell:
The property was also mortgaged to the defendant bank after it had been conveyed to the Asheville…
2Cases cited3 opinions
- Morris v. . HerndonSupreme Court of North Carolina · 1893
- Gill v. . DentonSupreme Court of North Carolina · 1874
- Shattuck v. . CauleySupreme Court of North Carolina · 1896
3Cited by4 opinions
- Mountain Home Lumber Co. v. SwartwoutIdaho Supreme Court · 1917
- Patterson v. . FullerSupreme Court of North Carolina · 1933
- Eastern Banking & Trust Co. v. CollinsSupreme Court of North Carolina · 1927
- Forbes v. BowmanSupreme Court of South Carolina · 1911