Legal Opinion

Daniel v. . Crowell

Supreme Court of North Carolina

Decided December 22, 1899PublishedCited by 6 opinions

Civil ActioN against the defendant, Sheriff of Wilson County, for levying on and selling goods claimed by plaintiff, tried before Moore, J., at May Term, 1899, of Wilsobt ■Superior Court, a jury being waived.

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Civil ActioN against the defendant, Sheriff of Wilson County, for levying on and selling goods claimed by plaintiff, tried before Moore, J., at May Term, 1899, of Wilsobt ■Superior Court, a jury being waived. Tbe plaintiff claimed a balf interest in tbe goods under a mortgage made to ber to secure an individual debt due ber from tbe mortgagor, one of tbe firm of Carraway & Batts. ■ The defendant levied executions in bis bands in favor of general creditors of tbe firm upon the whole stock, 'and sold the whole, after allotting to each partner* bis personal property exemption, and applied tbe…

1Opinion of the Court

CLARIS J.

On April. 17, 1886, Carraway, of tbe firm of Carraway & Batts, executed a mortgage to plaintiff upon bis entire interest in tbe stock of goods, wares and merchandise of tbe firm. There was no evidence that tbe other partner assented to this mortgage. On December 28, 1886, tbe firm made a general assignment for benefit of creditors in which the trustee therein named was directed to prefer the plaintiff’s debt, but that assignment was set aside at instance of creditors as fraudulent and void. On December 30, 1886, Carraway made another mortgage to plaintiff embracing the entire…

2Cases cited4 opinions

  1. Wilson v. . LinebergerSupreme Court of North Carolina · 1880
  2. Bank of the State of North Carolina v. FowleSupreme Court of North Carolina · 1858
  3. Burbank v. . WileySupreme Court of North Carolina · 1878
  4. M. Millhiser & Co. v. PleasantsSupreme Court of North Carolina · 1896

3Cited by6 opinions

  1. Sherrod v. . MayoSupreme Court of North Carolina · 1911
  2. Hagan v. HurstCourt of Appeals of Kentucky (pre-1976) · 1929
  3. Jennings v. HintonSupreme Court of North Carolina · 1900
  4. Tuller v. LeavertonSupreme Court of Iowa · 1909
  5. Ivie v. . BlumSupreme Court of North Carolina · 1912

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