Hoppock, Glenn Co. v. . Shober
Supreme Court of North Carolina
This was a civil action tried before Tourgee, J, at the Spring Term, 1872, of Guilford Superior Court. On the trial the following issues were submitted to the jury: 1. Was the purchase of the land in question made with the money of one Crane ? 2. Did one Owen hold the lands for the use and benefit of Crane, or adversely to him? 3. Was the judgment of the plaintiffs against Crane transferred to the docket of the Superior Court of Guilford county before the execution of the…
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This was a civil action tried before Tourgee, J, at the Spring Term, 1872, of Guilford Superior Court. On the trial the following issues were submitted to the jury: 1. Was the purchase of the land in question made with the money of one Crane ? 2. Did one Owen hold the lands for the use and benefit of Crane, or adversely to him? 3. Was the judgment of the plaintiffs against Crane transferred to the docket of the Superior Court of Guilford county before the execution of the deed in trust, made by the said Crane and Owen of the land in question and other lands to the defendant to secure a bona…
1Opinion of the CourtRodman, J.
We need not consider the questien whether there was such an estate in Crane as would have been liable to sale under execution. The only question is, did the docketing of the plaintiff’s judgment give him a lieu on the estate, or right, or whatever else it may be called, of Crane, which he could not divest by a conveyance to a trustee, to secure a debt to the United States. We are of opinion that it did. This case is governed by McKeithan v. Walker, 66 N. C. Rep. 95. The language of C. C. P., sec. 254, is that the docketed judgment shall be a lien on all the real property of the defendant in…
2Cases cited1 opinion
- A. A. McKEITHAN & SONS vs. JOHN WALKER & W. J. BROWNSupreme Court of North Carolina · 1872
3Cited by5 opinions
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- Dixon v. . DixonSupreme Court of North Carolina · 1879
- Trimble v. . HunterSupreme Court of North Carolina · 1889
- McCaskill v. . LancashireSupreme Court of North Carolina · 1880
- Carter v. McGeheeDistrict Court, W.D. North Carolina · 1867