Coxe v. . Camp
Supreme Court of North Carolina
From Rutherford Assumpsit «pon a special count, and for money bad and received by (he Defendant (o the use, of the Plaintiff. Plea JS/bn Assumpsit. On the trial, ¡¡is Honor Judge Mangum directed a nonsuit to be entered, with liberty to the Plaintiff to have it set aside, and a verdict entered for 298 dollars, if, upon the following f.iyts, the Court should be of opinion he was entitled to it.
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From Rutherford Assumpsit «pon a special count, and for money bad and received by (he Defendant (o the use, of the Plaintiff. Plea JS/bn Assumpsit. On the trial, ¡¡is Honor Judge Mangum directed a nonsuit to be entered, with liberty to the Plaintiff to have it set aside, and a verdict entered for 298 dollars, if, upon the following f.iyts, the Court should be of opinion he was entitled to it. The Plaintiff had purchased a tract of land of the Defendant at the price of 800 dollars, half of which was paid down, and to secure the balance, abend and mortgage of the same land, was executed to the…
1Opinion
The plaintiff's equity of redemption in the land, mortgaged by him to the defendant to secure the sum of $400, had been sold under an execution issued on a judgment obtained by the defendant against him for the mortgage debt, and bid off by the defendant for the sum of $298, which sum the sheriff credited on the execution. The land has since been sold as defendant's property to satisfy his creditors, and the defendant is now pursuing the plaintiff for what he calls the balance of the mortgage debt. This action is brought by the defendant in the execution against the plaintiff therein to…
2Cases cited2 opinions
- Camp v. . CoxeSupreme Court of North Carolina · 1834
- Bissell v. . BozmanSupreme Court of North Carolina · 1831