Carr v. . Dail
Supreme Court of North Carolina
Civil ACTION, heard before Bryan, J., at November Term, 1893, of Greene Superior Court, upon an agreed statement of facts, of 'which a sufficient synopsis is given in the opinion of Chief Justice Shepherd. The interpleader, Parker, who claimed a lien for advances to the mortgagor while in possession, but whose mortgage was improperly registered, appealed from the judgment declaring his mortgage invalid as against the plaintiff mortgagee.
1Opinion of the Court
SiiEPi-iKiii),
('. J.: In the case of Killebrew v. Hines, 104 N. C., 182, we had occasipn to discuss at some length the rights of a mortgagee to the crops cultivated by a mortgagor in possession. We then declared, in accordance with well-settled principles, that a mortgagor in possession is the owner of the crops; that the mortgagee has no legal property rights therein, and that even when he enters he holds them as a mere incident to his right to the possession of the land. In such a case he is held to a strict account and the crops' are only chargeable in equity with the mortgage indebtedness…
2Cases cited2 opinions
- Killebrew v. . HinesSupreme Court of North Carolina · 1889
- Spruill v. . ArringtonSupreme Court of North Carolina · 1891
3Cited by7 opinions
- Credle v. . AyersSupreme Court of North Carolina · 1900
- Kistler v. Wilmington Development Co.Supreme Court of North Carolina · 1934
- Hinton v. . WalstonSupreme Court of North Carolina · 1894
- Westchase I Associates L.P. v. Lincoln National Life Insurance Co. (In Re Westchase I Associates L.P.)District Court, W.D. North Carolina · 1991
- In Re Carley Capital GroupUnited States Bankruptcy Court, W.D. Wisconsin · 1991
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