Meadows v. . Marsh
Supreme Court of North Carolina
Controversy without action, submitted to Timber - lake, J., at Superior Court of G-ranville County, July Term, 1898. CASE AGREED.
Read the full summary
Controversy without action, submitted to Timber - lake, J., at Superior Court of G-ranville County, July Term, 1898. CASE AGREED. R. H. Marsh, guardian, Joe F. Meadows and wife Susan, John Meadows and wife Kate, and R. W. Winston, who are parties to a matter which might be the subject of an action of which this Court would have jurisdiction, submit the following facts to the Court, and ask its decision upon the same, to-wit: One A. Crews and ' wife owned a house and lot in Oxford, N. C. On the 28th of September, 1883, they borrowed of John F. Cannady two thousand ($2,000) dollars, executing a…
1Opinion of the Court
Faircloth, C. J.:
This is a controversy without action under The Code. The facts need not be stated except to say that A. Crews and wife made several deeds of trust to secure creditors, and the second trustee sold a part of the property and realized more than enough to pay the debt secured to him, and he asks the Court to give him directions. Crews and wife are not parties to this proceeding. The proceeding is remanded to the end that the trustors and other interested persons may be made parties and allowed to plead or answer.
Remanded.
2Cited by2 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Vaughan v. . DavenportSupreme Court of North Carolina · 1912