Whittaker v. . Hill
Supreme Court of North Carolina
Civil ACTION, heard before Shepherd, Judge, at March Term, 1886, of Halifax Superior Court, upon complaint, answer, affidavits, &c., to dissolve an injunction thereto-granted, to restrain the defendants from selling certain lands conveyed to secure the payment of debts by the defendants. His Honor refused to dissolve, and continued the injunction to the hearing. The defendants appealed.
1Opinion of the CourtMerrimon, J.
The plaintiffs, in their verified complaint, allege, as the ground of the equitable relief they demand, that the debt specified in and secured by the deed of trust under which the defendant trustee is proceeding to sell the land, which it purports to convey to him in trust, has been fully paid by the proceeds of the sale of a part of the personal property and cotton of the crop conveyed by that deed, and as by its terms and effect provided. They further allege, that the land mentioned is all that the husband plaintiff owns and had at the time the deed was executed, and that it is not worth…
2Cases cited2 opinions
- Harrison v. . BraySupreme Court of North Carolina · 1885
- Turner v. . CuthrellSupreme Court of North Carolina · 1886
3Cited by26 opinions
- Gaines v. Long Manufacturing Co.Supreme Court of North Carolina · 1951
- Harrington v. Rawls.Supreme Court of North Carolina · 1902
- Tise v. . Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
- Seip v. . WrightSupreme Court of North Carolina · 1917
- Herndon v. . R. R.Supreme Court of North Carolina · 1913
21 more not listed; retrieve them via the Exa API.