Leak v. . Gay
Supreme Court of North Carolina
This was a creditor’s bill, heard before Bynum, J., at Spring Term, 1890, of Richmond Superior Court, on a report of a referee and exceptions thereto relating to the disposition of the fund arising from the sale of a debtor’s land where there were mortgagees and judgment creditors and the debtor claimed a homestead in the fund. defendants’ appeal.
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This was a creditor’s bill, heard before Bynum, J., at Spring Term, 1890, of Richmond Superior Court, on a report of a referee and exceptions thereto relating to the disposition of the fund arising from the sale of a debtor’s land where there were mortgagees and judgment creditors and the debtor claimed a homestead in the fund. defendants’ appeal. The report of the Clerk was as follows: “ The undersigned respectfully reports that, in obedience to the order made in the above entitled cause at June Term, 1887, he has passed upon the claims of all the creditors of the defendant John C. Gay which…
1Opinion of the CourtA Very, J.
after staling the facts: All of the claimants concurred in the admission that James A. Leak, Sr., whose mortgage was executed and recorded before any other lien attached, had the right to receive his entire debt out of the fund. After discharging that claim, together with costs, the referee reported that the residue left would be $1,334.35. The contestants for it are the creditors whose judgments were docketed between the registration of the senior and junior mortgages, the junior mortgagee, James A. Leak, Jr., and the defendant John C. Gay, who claims the whole fund as proceeds of the sale…
2Cases cited12 opinions
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Bull v. ConroeWisconsin Supreme Court · 1860
- State v. . MasseySupreme Court of North Carolina · 1887
- Wilson v. . PattonSupreme Court of North Carolina · 1882
- Belo v. Commissioners of Forsythe CountySupreme Court of North Carolina · 1877
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3Cited by19 opinions
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- Vanstory v. ThorntonSupreme Court of North Carolina · 1893
- Edwards v. Nash County Board of CommissionersSupreme Court of North Carolina · 1922
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