Hoell v. . White
Supreme Court of North Carolina
Appeal by plaintiffs from Connor, J., at tbe May Term, 1915, of CRAVEN. This action was brought upon the allegation that the plaintiffs’ land (40 acres) had been advertised for sale under a mortgage upon which there was nothing due, because the plaintiffs had been induced to sign a deed for 4 acres and a brick plant upon an agreement to cancel the notes and mortgage, and asking for a restraining order against the sale and a decree that the notes and mortgage executed by the…
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Appeal by plaintiffs from Connor, J., at tbe May Term, 1915, of CRAVEN. This action was brought upon the allegation that the plaintiffs’ land (40 acres) had been advertised for sale under a mortgage upon which there was nothing due, because the plaintiffs had been induced to sign a deed for 4 acres and a brick plant upon an agreement to cancel the notes and mortgage, and asking for a restraining order against the sale and a decree that the notes and mortgage executed by the plaintiffs should he canceled of record. Upon the close of the evidence the court sustained the motion of the defendants…
1Opinion of the CourtClark, C. J.
Foreclosure by the court was not asked for in the answer, and there was no counterclaim or cross action set out against the plaintiffs. While a party is entitled to any relief justified by his pleadings and proof, whether a prayer to that effect is made or not, there must be allegata and proof to justify the judgment rendered. While courts go far to sustain judgments taken in ordinary course, with the assent of counsel, there cannot be a consent judgment entered by counsel without the knowledge or consent of the client, which in its scope is outside of any matter set out in the pleadings.…
2Cases cited1 opinion
- Hairston v. . GarwoodSupreme Court of North Carolina · 1898
3Cited by3 opinions
- Deitz v. . BolchSupreme Court of North Carolina · 1936
- Lalonde v. . HubbardSupreme Court of North Carolina · 1932
- Richardson v. . SatterwhiteSupreme Court of North Carolina · 1929