ENO INV. CO. v. PROTECTIVE CHEMICALS LABORATORY

No. 738.

63 S.E.2d 637 (1951)

233 N.C. 294

ENO INV. CO. v. PROTECTIVE CHEMICALS LABORATORY, Inc.

Supreme Court of North Carolina.

March 7, 1951.


Attorney(s) appearing for the Case

Victor S. Bryant, Robert I. Lipton, and Ralph N. Strayhorn, all of Durham, for Third Mortgage Claimants, Appellants.

Egbert L. Haywood and John T. Manning, Durham, for appellants, Harold T. Sanford and E. C. Bull.

E. C. Brooks, Jr., Durham, for respondent, J. E. Markham, receiver, appellee.

Appeal of Third Mortgage Claimants.


JOHNSON, Justice.

We find no error in the order of the court below overruling the exception of these claimants to the report of the receiver and adjudging that their claim be accepted and treated as a common, unpreferred claim against the assets of the corporation in the hands of the receiver. If the claim be considered as secured by an unregistered deed of trust, it is entitled to no priority against the receiver. This is so for the reason that by the adjudication...

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