Cole v. Boyd
Supreme Court of North Carolina
Appeal by defendants from Long, J., at September Term, 1917, of RICHMOND. Tbe plaintiffs, as tbe jury find, are tbe beirs at law of Tony Cole, wbo died intestate in December, 1906, seized and possessed of a tract of 185 acres near Hamlet, N. C., wbicb be bad mortgaged in sundry mortgages to tbe defendant Boyd. While tbis relation of mortgagor and mortgagee existed, Boyd obtained a fee-simple deed from Cole for 100 acres of tbe land covered by tbe mortgages.
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Appeal by defendants from Long, J., at September Term, 1917, of RICHMOND. Tbe plaintiffs, as tbe jury find, are tbe beirs at law of Tony Cole, wbo died intestate in December, 1906, seized and possessed of a tract of 185 acres near Hamlet, N. C., wbicb be bad mortgaged in sundry mortgages to tbe defendant Boyd. While tbis relation of mortgagor and mortgagee existed, Boyd obtained a fee-simple deed from Cole for 100 acres of tbe land covered by tbe mortgages. Boyd sold 10 acres of tbe land wbicb be beld under mortgage from Cole to bis codefendant, Gordon, wbo purchased from mortgagee with…
1Opinion of the CourtClabic, C. J.
Tbe brief of tbe defendants states as follows: “Tbe court submitted certain issues to tbe jury with reference to tbe relationship of tbe plaintiffs to their alleged intestate, and gave instructions to tbe jury thereon. We will not discuss any of these rulings assigned as errors, because tbe case is necessarily disposed of, in our opinion, by tbe errors assigned upon the third and fourth issues submitted to tbe *557jury.” Tbe brief thereupon sets out issue 3, whether the defendant Gordon purchased the 10-acre tract described in the complaint with notice that the defendant Boyd was mortgagee of…
2Cases cited5 opinions
- McLeod v. . BullardSupreme Court of North Carolina · 1882
- Jones v. . PullenSupreme Court of North Carolina · 1894
- Taylor v. . HeggieSupreme Court of North Carolina · 1880
- Harper v. . EdwardsSupreme Court of North Carolina · 1894
- Cauley v. . SuttonSupreme Court of North Carolina · 1909
3Cited by7 opinions
- State v. . LeaSupreme Court of North Carolina · 1932
- State v. DavisSupreme Court of North Carolina · 1932
- Atkinson v. AtkinsonSupreme Court of North Carolina · 1945
- Atkinson v. . AtkinsonSupreme Court of North Carolina · 1945
- Harrelson v. . CoxSupreme Court of North Carolina · 1935
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