Murphy v. . McNeill
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1879, of CumberlaND Superior Court, before Seymour, J. The complaint states that on the 19th of October, 1874, the defendant executed a mortgage conveying the land in dispute to the plaintiff to secure the payment of the sum of eighty-five dollars with interest from April, 1873, which he owed plaintiff; that defendant failed to pay the same according to the terms specified in the deed, except the sum of about thirty-five* dollars, and that…
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Civil Action tried at Fall Term, 1879, of CumberlaND Superior Court, before Seymour, J. The complaint states that on the 19th of October, 1874, the defendant executed a mortgage conveying the land in dispute to the plaintiff to secure the payment of the sum of eighty-five dollars with interest from April, 1873, which he owed plaintiff; that defendant failed to pay the same according to the terms specified in the deed, except the sum of about thirty-five* dollars, and that plaintiff has repeatedly demanded payment of the balance due ; that plaintiff is entitled to the possession of said land,…
1Opinion of the CourtSmith, C. J.
The defendant purchased the land described in the complaint in September, 1871, and in October, 1874, mortgaged the same to the plaintiff to secure a debt of eighty-five dollars with interest from April, 1873, on whichthe sum of twenty-five dollars has been paid. The defendant was married in the year 1852, and his wife, who is still living, did not unite with her husband in executing the deed. The relief demanded in the action is a surrender of possession a reference to ascertain what is due the plaintiff, and a decree of foreclosure and sale. The only defences set up in the answer are:…
2Cases cited5 opinions
- Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878
- A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
- Lambert v. . KinnerySupreme Court of North Carolina · 1876
- Gheen v. . SummeySupreme Court of North Carolina · 1879
- Jenkins v. . BobbittSupreme Court of North Carolina · 1877
3Cited by22 opinions
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Gladney v. SydnorSupreme Court of Missouri · 1903
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Smaw v. . CohenSupreme Court of North Carolina · 1886
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