Capehart v. . Biggs
Supreme Court of North Carolina
MotioN for an Injunction heard at Chambers in Raleigh on the 21st of Jane, 1877, before Cox, J. The plaintiff instituted an action against the defendants at Spring Term, 1877, of Northampton Superior Court for an account and settlement, and thereupon the defendants, who held a mortgage with a power of sale upon the plaintiff's property worth $20,000, immediately advertised the same for sale, to the end that they might purchase it to secure their claim of $5,000. For several…
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MotioN for an Injunction heard at Chambers in Raleigh on the 21st of Jane, 1877, before Cox, J. The plaintiff instituted an action against the defendants at Spring Term, 1877, of Northampton Superior Court for an account and settlement, and thereupon the defendants, who held a mortgage with a power of sale upon the plaintiff's property worth $20,000, immediately advertised the same for sale, to the end that they might purchase it to secure their claim of $5,000. For several years there had been large transactions and numerous dealings between the parties, amounting to about $100,000, and it…
1Opinion of the CourtPbaesoN, C. J.
1. This is a special as distinguished from the common injunction ; that is, if the injunction was dissolved under the old practice, or not granted until further order under the new practice, and the defendants are allowed to sell the land, the main purpose of the action would be defeated and the merits of the case would be disposed of in this preliminary stage upon affidavits. For which reason, ■whenever the bill taken as an affidavit made a probable ground in support of the plaintiff’s equity, the injunction was continued until the hearing, although the answer fully d,enied all of the facts…
2Cases cited4 opinions
- Whitehead v. . HellenSupreme Court of North Carolina · 1877
- Kornegay v. . SpicerSupreme Court of North Carolina · 1877
- McCorkle v. . BremSupreme Court of North Carolina · 1877
- Mosby v. . HodgeSupreme Court of North Carolina · 1877
3Cited by22 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Mebane v. . MebaneSupreme Court of North Carolina · 1879
- More v. CalkinsCalifornia Supreme Court · 1890
- Parker v. . BeasleySupreme Court of North Carolina · 1895
- Hammerslough v. Kansas City Building, Loan & Savings Ass'nSupreme Court of Missouri · 1883
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