Allmand v. . Russell
Supreme Court of North Carolina
Cause transmitted from the Court of Equity of Pasquotank County, at the Fall Term, 1847. William T. Bryant, being more indebted than be was worth, on the 15th of February, 1840, made a deed to the defendant Russell for all bis property and effects, upon trust to pay out of the proceeds certain debts named, in the order in which they are mentioned in the deed. The first is a debt of $2,000 to J. C. E. for which Mathew Cluff and Malachi Russell were sureties.
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Cause transmitted from the Court of Equity of Pasquotank County, at the Fall Term, 1847. William T. Bryant, being more indebted than be was worth, on the 15th of February, 1840, made a deed to the defendant Russell for all bis property and effects, upon trust to pay out of the proceeds certain debts named, in the order in which they are mentioned in the deed. The first is a debt of $2,000 to J. C. E. for which Mathew Cluff and Malachi Russell were sureties. Then follow four other debts to different persons, for which Mathew Cluff was surety. Then follow several other debts to others,…
1Opinion of the CourtRuffin, C. J.
The cause comes to a hearing on bill and answers, and upon the case thereby made, the Court is of opinion with the defendant. The plaintiff might, probably, have entitled himself to satisfaction under the deed ; as his demand seems to be sufficiently identified by its amount and the name and residence of the creditor The addition of a further false description, to which nothing answers, would not, merely as a part of the description, hurt the prior true one. When it appears, then, that there was no debt from Bryant to the plaintiff answering the whole description in the deed, but that this…
2Cited by1 opinion
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