Oldham v. First National Bank of Wilmington
Supreme Court of North Carolina
Motion by defendants, (the bank and E. E. Burris, its president), for the appointment of a receiver heard at Fall Term, 1880, of New Hanover Superior Court, before Gud-ger, J- The motion was denied and the defendants appealed.
1Opinion of the CourtSmith, C. J.
The defendants were about to sell certain lands of the plaintiff conveyed to them by deed of mortgage with power of sale in case of default in paying the secured! debts, and the present action is for an injunction until the-sum really due upon an adjustment of counter-claims andl deductions set up in the complaint can be ascertained and; determined. A restraining order has been obtained and continued until the hearing upon terms which have beem complied with, and thereupon the defendants ask for the-appointment of a receiver to take possession of the property and accruing rents to meet the…
2Cases cited1 opinion
- john.W. Ellis v. . Samuel HusseySupreme Court of North Carolina · 1872
3Cited by7 opinions
- Killebrew v. . HinesSupreme Court of North Carolina · 1889
- Haarhuis v. CheekCourt of Appeals of North Carolina · 2018
- Wilson v. . RespassSupreme Court of North Carolina · 1882
- McNair v. PopeSupreme Court of North Carolina · 1887
- Haarhuis v. CheekCourt of Appeals of North Carolina · 2018
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