Hinton v. Jones.
Supreme Court of North Carolina
ActioN by John L. Hinton against H. J. Jones, heard by Judge W. A. Hoke and a jury, at January (Special) Term, 1904, of the Superior Court of Pasquotank County. This was an action -to recover possession of a house and lot.
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ActioN by John L. Hinton against H. J. Jones, heard by Judge W. A. Hoke and a jury, at January (Special) Term, 1904, of the Superior Court of Pasquotank County. This was an action -to recover possession of a house and lot. The plaintiff sold to the defendant the lot in question on October 23, 1899, for' the sum of $6,000 and a policy of insurance upon the life of the said Jones in the sum of $4,000. On the same date Jones executed to one O. L. Hinton, a son of the plaintiff, a deed of trust upon said land to' secure the purchase-money, no part thereof being paid in cash. His note of even date…
1Opinion of the Court
Douglas, I.,
after stating the case. The only point that we need consider is the answer directed by the Court-, which raises the legal question as to whether the power of sale became absolute upon the failure of the defendant to pay the first installment of the purchase-money, or must await the maturity of the entire note. ' There is no direct provision that the entire note shall become due and payable upon default in any of its installments. It is contended that this is implied by the wording of the deed, but it is not so “nominated in the bond,” and we do not feel that the policy of the law…
2Cases cited10 opinions
- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
- Jones v. . BoydSupreme Court of North Carolina · 1879
- Bank of New Hanover v. BridgersSupreme Court of North Carolina · 1887
- Molyneux v. HueySupreme Court of North Carolina · 1879
- Thomas L. Hemphill v. . Benjamin A. RossSupreme Court of North Carolina · 1872
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3Cited by3 opinions
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- Molyneux v. . HueySupreme Court of North Carolina · 1879
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