The fund here in dispute stands in the place of certain crops which the plaintiff insists belonged to him because he was the landlord of the defendant by whom they were raised. There being a serious controversy as to the true ownership of these crops, and therefore of this fund, it is proper to have it preserved till the rights of the contestants can be determined; We see no error in the order appealed from. Affirmed.
Jones v. Jones, 115 N.C. 209 (1894)
Sept. 1894
·
Supreme Court of North Carolina
115 N.C. 209
JAMES B. JONES v. SAMUEL JONES.
Injunction — Controversy as to Oivnership of a Fund — Preservation of the Fund During Suit.
Where there is a serious controversy as to the ownership of a fund, it is proper to preserve it by a restraining order until the rights of the contestants can be determined.
This was a motion to continue a restraining order until the hearing, heard before Battle, I, at Spring Term, 1894, of Greene Superior Court. The defendant appealed.
Messrs. Swift Galloway and J. B. Batchelor, for plaintiff.
George M. Lindsay, for defendant (appellant).