Weil v. Davis
Supreme Court of North Carolina
Appeal by plaintiffs from Bond,, J., at January Term, 1915, of WayNe. Civil action. The facts of the case are these: W. H. Davis conveyed certain land to D. G. Davis, who alleged that the deed did not include all of the land contracted to be sold and conveyed to him.
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Appeal by plaintiffs from Bond,, J., at January Term, 1915, of WayNe. Civil action. The facts of the case are these: W. H. Davis conveyed certain land to D. G. Davis, who alleged that the deed did not include all of the land contracted to be sold and conveyed to him. Tie executed a mortgage to W. H. Davis to secure the purchase money, or a part thereof, consisting of three notes, amounting, in all, to $500. These notes and the mortgage were assigned by W. TL Davis and wife to James M. McGee, trustee, who sold the land, after due advertisement, under the power contained in the mortgage, and…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe contention of tbe defendant, and tbe court beld in accordance therewith, is that tbe assignment of W. PI. Davis and wife to James M. McGee operated only upon tbe mortgage as a security for tbe debt, and not upon tbe land itself, which is necessary to be conveyed in order that tbe power of sale, which is append-ant, or appurtenant, to tbe legal title, may pass to tbe assignee. This statement of tbe law is abstractly correct, but it does not apply to this case, as we bold that there is a sufficient reference to tbe land in this assignment to pass tbe legal…
2Cases cited17 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Gudger v. White.Supreme Court of North Carolina · 1906
- Walsh v. HillCalifornia Supreme Court · 1869
- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
- Rowland v. . RowlandSupreme Court of North Carolina · 1885
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3Cited by13 opinions
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
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- Cleve v. . AdamsSupreme Court of North Carolina · 1942
- First National Bank v. SaulsSupreme Court of North Carolina · 1922
- In re Sale of Sermon's LandSupreme Court of North Carolina · 1921
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