Yount v. . Setzer
Supreme Court of North Carolina
Appeal from order continuing restraining order to bearing, beard at chambers, 28 February, 1911, by Long, J. From Catawba.
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Appeal from order continuing restraining order to bearing, beard at chambers, 28 February, 1911, by Long, J. From Catawba. Tbe plaintiffs are Ora J. Yount, guardian of George Hoke, and E. 0. Burns and T. L. Henkel, sureties on tbe guardian bond. ¡ Tbe plaintiffs allege in tbeir affidavit: “That from about thirty to forty days ago, tbe plaintiff, Ora J. Yount, applied to tbe said E. C. Burns and T. L. Henkel to become her sureties upon a guardian bond, so that she might file a petition and procure tbe sale of some of tbe real estate left by her first husband at tbe time of bis death and which…
1Opinion of the Court
AlleN, J.,
after stating tbe case. It is true, as contended by tbe defendant, tbat ordinarily tbe equitable jurisdiction of tbe court cannot be invoked to restrain tbe sale or other disposition of personal property wben an action at law may be maintained to recover tbe property (Baxter v. Baxter, 77 N. C., 119 ; Kistler v. Weaver, 135 N. C., 391), and it requires no authority to sustain tbe proposition tbat if tbe act has been committed it cannot be restrained.
It is also true tbat an allegation of insolvency is necessary, except where dispensed with by statute, in eases where compensation in…
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