Bates v. . Hinsdale
Supreme Court of North Carolina
Rule upon the defendant Robert W. Hardie, Sheriff of Cumberland County, to show cause why money in his hands, the proceeds of sale of personal and real property of the Bank of Fayetteville, sold under executions, should not be applied to the payment of the executions in favor of plaintiff heard before jBuxton, J , at Spring Term, 1871, of Cumberland Superior ■Court.
Read the full summary
Rule upon the defendant Robert W. Hardie, Sheriff of Cumberland County, to show cause why money in his hands, the proceeds of sale of personal and real property of the Bank of Fayetteville, sold under executions, should not be applied to the payment of the executions in favor of plaintiff heard before jBuxton, J , at Spring Term, 1871, of Cumberland Superior ■Court. The Sheriff made return that the defendants were contesting claimants to the fund in his hands, and asked that they be made parties, "whereupon the defendants accepted service of summons, appeared and litigated their rights. The…
1Opinion of the CourtPearson, C. J.
Tbe question in regard to tbe application oí the proceeds of the sale of the personal property, having been disposed of, as was stated at the bar, the case is now confined to the question in regard to the application of the proceeds of the sale of the house and lot.
• His Plonor ruled, that the fund be applied rateably to all of the executions. ¥e regret not to be able to concur in this conclusion • for, “ equality is equity.” The parties all used diligence, and the difference is simply in respect to time. But these j ndgments and the proceedings had thereon, being rendered and done in 1870,…
2Cases cited1 opinion
- Johnson v. . SedberrySupreme Court of North Carolina · 1871
3Cited by2 opinions
- McKinney v. . StreetSupreme Court of North Carolina · 1914
- State v. . WalkerSupreme Court of North Carolina · 1817