Green v. . Rodman
Supreme Court of North Carolina
ActioN tried before Guión, J., and a jury, at December Term, 1908, of Beaufort. This action was brought for the redemption of a mortgage, and was tried in the court below upon the following facts: 1. The mortgage was executed by Robert Green and S. T. Hooker to Lawrence Hooker on a lot in Washington, N. 0., 13 April, 1905, to secure the sum of $1,500 due by note, payable 1 January, 1906, with 6 per cent interest. 2. On 26 August, 1905, Robert Green and S. T. Hooker executed…
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ActioN tried before Guión, J., and a jury, at December Term, 1908, of Beaufort. This action was brought for the redemption of a mortgage, and was tried in the court below upon the following facts: 1. The mortgage was executed by Robert Green and S. T. Hooker to Lawrence Hooker on a lot in Washington, N. 0., 13 April, 1905, to secure the sum of $1,500 due by note, payable 1 January, 1906, with 6 per cent interest. 2. On 26 August, 1905, Robert Green and S. T. Hooker executed to Miles & Corey a lease of said property for the term of five years, the lessees agreeing to pay as rent $50 per month,…
1Opinion of the Court
Walker, J.,
after stating the case: It has been settled by the authorities that when a mortgagee takes possession of the land conveyed to him by the mortgage he must account to the mortgagor for the “highest fair rent, and he becomes responsible for all such acts or omissions as would under the usual leases constitute claims on an ordinary tenant,” because by his entry and possession he makes himself “tenant^of the land,” and it is but just and reasonable that he should be held liable for its rents and profits to the mortgagor. Morrison v. McLeod, 37 N. C., 108; Hinson v. Smith, 118 N. C.,…
2Cases cited3 opinions
- Hinson v. . SmithSupreme Court of North Carolina · 1896
- Jackson v. . HallSupreme Court of North Carolina · 1881
- Morrison v. . McLeodSupreme Court of North Carolina · 1841
3Cited by9 opinions
- Mills v. . Building Loan Assn.Supreme Court of North Carolina · 1940
- Mills v. Mutual Building & Loan Ass'nSupreme Court of North Carolina · 1940
- Owens v. Branning Manufacturing Co.Supreme Court of North Carolina · 1915
- Williams v. North Carolina State Board of EducationSupreme Court of North Carolina · 1974
- Anderson v. MooreSupreme Court of North Carolina · 1951
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