PITTSBURGH PLATE GLASS COMPANY v. FORBES

No. 535.

128 S.E.2d 875 (1963)

258 N.C. 426

PITTSBURGH PLATE GLASS COMPANY v. Thomas C. FORBES and wife Evelyn B. Forbes, Tr. as Town House Motel.

Supreme Court of North Carolina.

January 11, 1963.


Attorney(s) appearing for the Case

Booth, Osteen, Upchurch & Fish, Greensboro, and W. D. Sabiston, Jr., by W. D. Sabiston, Jr., Carthage, for movant Love.

Smith, Moore, Smith, Schell & Hunter, by McNeill Smith and Richmond G. Bernhardt, Jr., Greensboro, for respondent appellees.


RODMAN, Justice.

The fact that defendants were adjudged bankrupts within four months from the date the amount owing and the liens securing payment were judicially declared did not impair plaintiff's lien. Sec. 67, sub. b of the National Bankruptcy Act, 11 U.S. C.A. § 107, sub. b. What effect, if any, the actual possession of the property by the receiver appointed by the bankruptcy court had on the right of the sheriff to make a valid offer of sale on 20 October...

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