Pope Co. v. . Harris
Supreme Court of North Carolina
This was a civil action heard upon exception to the report of the Clerk before Phillips, Judge, at the Spring Term, 1885, of Chatham Superior Court. At the Fall Term, 1884, of said Court, a judgment was rendered in favor of the plaintiff against the defendant, John B. Harris, for the sum of three hundred and four dollars and thirty cents.
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This was a civil action heard upon exception to the report of the Clerk before Phillips, Judge, at the Spring Term, 1885, of Chatham Superior Court. At the Fall Term, 1884, of said Court, a judgment was rendered in favor of the plaintiff against the defendant, John B. Harris, for the sum of three hundred and four dollars and thirty cents. A reference was then ordered by the Court, to the Clerk, to take an account of the property, money and effects that have come or ought to have come into the hands of H. A. London, trustee of J: B. Harris, by virtue of a deed of trust executed to him by said…
1Opinion of the CourtAshe, J.
(after stating the case). The sole question presented for our consideration is, was there error in the overruling the exception of the plaintiff? The exception of the plaintiff is founded upon a well-established principle of equity, that where one has a lien upon two funds, and another a lien upon only one of them, the former will be compelled to exhaust the subject of his exclusive lien before he can be permitted to resort to the other, and then only for the purpose of making up the deficiency. Harris v. Ross, 4 Jones Eq., 413; Williams v. Washington, 1 Dev. Eq., 137; Adams Equity, 506, note…
2Cases cited1 opinion
- Butler & Co. v. StainbackSupreme Court of North Carolina · 1882
3Cited by4 opinions
- Waff Bros. v. Bank of North Carolina, N.A.Supreme Court of North Carolina · 1976
- Trust Co. v. . GodwinSupreme Court of North Carolina · 1925
- Page Trust Co. v. GodwinSupreme Court of North Carolina · 1925
- Graves v. Currie.Supreme Court of North Carolina · 1903