Jenkins v. . Griffin
Supreme Court of North Carolina
Appeal by plaintiffs from Whedbee, J., at Fall Term, 1917, of Hert-ford. This is an action to set aside a sale made pursuant to tbe power contained in a mortgage and to bave tbe deed executed to tbe purchaser removed as a cloud on tbe title of tbe plaintiffs.
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Appeal by plaintiffs from Whedbee, J., at Fall Term, 1917, of Hert-ford. This is an action to set aside a sale made pursuant to tbe power contained in a mortgage and to bave tbe deed executed to tbe purchaser removed as a cloud on tbe title of tbe plaintiffs. Serecta Jenkins on 10 January, 1898, was indebted to defendant J. B. Griffin in tbe sum of $127.32. On tbat date, to secure said debt, sbe executed a note to said Griffin for tbe debt and secured tbe same by a mortgage on a tract of land in wbicb sbe bad a dower right, her two ■daughters, Mary and Elizabeth, the owners, of the fee,…
1Opinion of the CourtAlleN, J.
The objections to the validity o'f the sale made under the power contained in the mortgage of 1898 are:
1. That the sale was not properly advertised.
2. That Mary and Elizabeth, who signed the mortgage, were sureties,, .and that the right to sell as to them was barred by the three years statute at the time of the sale.
3. That the right to sell was barred at the time of the sale as to all the parties by the statute of ten years.(1) The mortgage does not state where the notices of sale shall be posted or at how many places. It simply authorizes a sale at the courthouse door in Hertford County…
2Cases cited5 opinions
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Cook v. . MooreSupreme Court of North Carolina · 1888
- Cawfield v. Owens.Supreme Court of North Carolina · 1901
- Lunsford v. . SpeaksSupreme Court of North Carolina · 1893
- Cook v. . MooreSupreme Court of North Carolina · 1886
3Cited by22 opinions
- Henderson County v. OsteenSupreme Court of North Carolina · 1979
- Brown v. . SheetsSupreme Court of North Carolina · 1929
- Spain v. . HinesSupreme Court of North Carolina · 1938
- Douglas v. . RhodesSupreme Court of North Carolina · 1924
- Elkes v. Interstate Trustee Corp.Supreme Court of North Carolina · 1936
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