Smith v. . Fuller
Supreme Court of North Carolina
Appeal from Lyon, J., March Term, 1909, of JohNstokt. By order of reference theretofore made, the action had been referred to F. A. Daniels, Esq., to report his conclusions of fact and law to the court.
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Appeal from Lyon, J., March Term, 1909, of JohNstokt. By order of reference theretofore made, the action had been referred to F. A. Daniels, Esq., to report his conclusions of fact and law to the court. The referee, after notice, took evidence and reported the same with his findings of fact and conclusions of law, to which, being adverse to the plaintiff, he excepted. . The defendants contended that the ancestor of plaintiff purchased with notice of the equity of the defendant Isabella R. Fuller; that the registration books showed the relation of mortgagor and mortgagee between the said…
1Opinion of the CourtManning, J.
The defendant Mrs. Isabella R. Fuller admits that the public sale of the land of her husband by his executors was a proper and legal exercise of their powers under his will; that the deed to her was regular and vested in her the legal title to the fee in said land; that she did not pay any part of the consideration reci'ted in the deed to her, but her son-in-law, Whitley, advanced the money for her and in his account as executor charged himself with said sum and accounted for its disbursement. Mrs. Fuller executed a mortgage to Whitley to secure the payment of the purchase money advanced by…
2Cases cited22 opinions
- Moelle v. SherwoodSupreme Court of the United States · 1893
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Patterson v. . MillsSupreme Court of North Carolina · 1897
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3Cited by26 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- King v. . McRackanSupreme Court of North Carolina · 1915
- Phoenix Title & Trust Co. v. Old Dominion Co.Arizona Supreme Court · 1927
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