Satterthwaite v. Ellis.
Supreme Court of North Carolina
ActioN by L. M. Satterthwaite and others against W. S. Ellis, heard by Judge A. L. Cohle and a jury, at Fall Term, 1900, of the Superior Court of Graven County. From a judgment for the plaintiffs, the defendant appealed.
1Opinion of the CourtMoNtgombey, J.
The plaintiff, who is the assignee of a' note and mortgage made by the defendant, brought this action to recover possession of the personal property conveyed in the mortgage before the maturity of the debt, and at the ■time of the issuing of the summons seized the property under a proceeding in claim and delivery. The defendant, in his answer, resisted the plaintiff’s claim, averring that there was a verbal agreement between the mortgagee and himself, at the time of the execution of the mortgage, that he should be allowed to remain in possession of the property until the note should fall due,…
2Cases cited8 opinions
- Kramer v. Thomson-Houston Electric Light Co.Supreme Court of North Carolina · 1886
- Hinson v. . SmithSupreme Court of North Carolina · 1896
- Taylor v. . HodgesSupreme Court of North Carolina · 1890
- Jackson v. . HallSupreme Court of North Carolina · 1881
- Phipps v. . WilsonSupreme Court of North Carolina · 1899
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