Tate v. . Davis
Supreme Court of North Carolina
Appeal from O. H. Allen, J., at October Term, 1909, of New HaN'oveb. Motion in tbe cause by B. E. Keith to bave refunded to bim by tbe above-named receiver $500 paid to tbe receiver on 22 May, 1902, for a tract of land sold and conveyed to said Keitb by said receiver, tbe title to wbicb bas failed. Tbe application of Keitb was referred to a referee. Tbe motion was beard before bis Honor, 0. H. Allen, judge presiding, wbo overruled tbe referee, and denied tbe motion.
Read the full summary
Appeal from O. H. Allen, J., at October Term, 1909, of New HaN'oveb. Motion in tbe cause by B. E. Keith to bave refunded to bim by tbe above-named receiver $500 paid to tbe receiver on 22 May, 1902, for a tract of land sold and conveyed to said Keitb by said receiver, tbe title to wbicb bas failed. Tbe application of Keitb was referred to a referee. Tbe motion was beard before bis Honor, 0. H. Allen, judge presiding, wbo overruled tbe referee, and denied tbe motion. Tbe petitioner Keitb appealed.
1Opinion of the CourtBbown, J.
Tbe insolvent corporation of wbicb tbe appellee was appointed receiver bad among its assets a claim, of title to a tract of land in Bladen County, wbicb was sold and conveyed by tbe receiver, to appellant Keitb, wbo paid for it, received a deed without warranty and took possession. It bas subsequently transpired that tbe bank’s title was bad and Keitb bas lost tbe land.
Tbe referee found certain facts and reported in favor of refunding tbe money. No exceptions were filed to tbe report, but tbe judge, upon examination of tbe evidence, ruled as follows: “Tbe court disapproves tbe recommendation…
2Cases cited1 opinion
- Etheridge v. . VernoySupreme Court of North Carolina · 1879
3Cited by1 opinion
- Martin v. . VanlaninghamSupreme Court of North Carolina · 1925