37 S.E. 461 | N.C. | 1900
On 11 October, 1897, the defendant bank became insolvent, closed its doors, and executed an assignment for the benefit of all its creditors. On the morning of 12 October, the plaintiffs sued out a summons in a creditors' bill to wind up its affairs, and filed an affidavit for the appointment of a receiver. On said 12 October a temporary receiver was appointed by Judge Ewart, of the Circuit Court of Buncombe, etc., who was by him made permanent receiver on the next day. At night on 13 October the same person was appointed a temporary receiver by Judge Norwood, the Judge of the Superior Court, holding the courts of that district. On 12 and 13 October, after the summons in this creditors' bill was sued out, and after the order of Judge Ewart appointing a temporary receiver, each of the petitioning creditors sued the defendant bank before a Justice of the Peace, obtained judgments aggregating $5,000, and had transcripts docketed in the Superior Court of Buncombe before any action was taken by Judge Norwood upon the application for appointment of a receiver. These judgment creditors, at March Term, 1898, filed petitions in this cause, (434) claiming liens on the real estate of defendant bank in Buncombe County, superior to the rights of the general *300 creditors. They have not become parties to this action otherwise than by filing said petition asking for payment in full of their judgments.
The deed of assignment is void as to petitioners by virtue of Code, sec. 685; Duke v. Markham,
No error.
Cited: Fisher v. Bank,
(436)