Legal Opinion

T. Whitridge v. . A. P. Taylor

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 9 opinions

Civil action tried before Logan, Judge, at Fall Term 187.1 v of Mecklenburg Superior Court. The complaint alleges that the defendants, Austin Doll and; Joseph Doll, were the owners, as co partners, of a valuable tract of land in Mecklenburg county.

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Civil action tried before Logan, Judge, at Fall Term 187.1 v of Mecklenburg Superior Court. The complaint alleges that the defendants, Austin Doll and; Joseph Doll, were the owners, as co partners, of a valuable tract of land in Mecklenburg county. That in 1869, to secure-a large debt due the plaintiff! they executed to him a mortgage-deed for said lands, with a condition, “that if the money and interest due, were paid in twelve months then the said deed ■should be void, &c.” That the money and interest were not paid as stipulated. That since the mortgage was made, the defendants have been…

1Opinion of the Court

Dioií, J.

The plaintiff as mortgagee seeks to forclose his •mortgage. The mortgage is dated 10th January, 1869, and die time of redemption specified, is twelve months after date. The mortgagors were adjudged bankrupts in the United States District Court for the District of Maryland, and an assignment -of all their estate was duly made on the 30th of May, 1871, -¡to an assignee in bankruptcy, the present defendant. This action was commenced in November, 1871, and the question presented by the ruling of His Honor, is, whether a Superior ■Court of this State has jurisdiction of the ease.

The…

2Cases cited2 opinions

  1. The Moses TaylorSupreme Court of the United States · 1867
  2. Mixer, Whitman & Co. v. Excelsior Oil & Guano Co.Supreme Court of North Carolina · 1871

3Cited by9 opinions

  1. Cogdell, Assignee v. . ExumSupreme Court of North Carolina · 1873
  2. Ward v. . HargettSupreme Court of North Carolina · 1909
  3. Gibbs v. LoganWest Virginia Supreme Court · 1883
  4. In Re SmithDistrict Court, S.D. Texas · 1924
  5. In re CooperDistrict Court, E.D. Michigan · 1877

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