Woodlief v. Wester.
Supreme Court of North Carolina
ActioN by R. R. Woolief against A. B. Wester and others, beard by Judge Fredericlc Moore and a jury, at January Term, 1904, of the Superior Court of Ekaniclin County. This case was a special proceeding for partition, of land, which was transferred from the Clerk to the Superior Court and placed on the civil issue docket for the trial of issues joined, and A. B. Wester, mortgagee of the interest of one of the co-tenants, was made a party.
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ActioN by R. R. Woolief against A. B. Wester and others, beard by Judge Fredericlc Moore and a jury, at January Term, 1904, of the Superior Court of Ekaniclin County. This case was a special proceeding for partition, of land, which was transferred from the Clerk to the Superior Court and placed on the civil issue docket for the trial of issues joined, and A. B. Wester, mortgagee of the interest of one of the co-tenants, was made a party. The mortgagor relied upon the statute of limitations. The facts are as follows: Henry Merritt died in 1861, leaving a will, by which he devised a tract of…
1Opinion of the CourtWalker, J.
Tbe statute of limitation relied on in this case to bar tbe defendant’s right to forclose bis mortgage and to extinguish bis lien on tbe land is as follows:
“An action for the foreclosure of a mortgage, or'deed in trust for creditors with a power of sale of real property, where the mortgagor or grantor has been in possession of tbe property, shall be brought within ten years after the forfeiture of tbe mortgage, or after tbe power of sale became absolute, or within ten years after tbe last payment on tbe same.” The Code, sec. 152 (3).
At tbe time the mortgage was executed by Woodlief to Wester,…
2Cases cited22 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- Malloy v. . BrudenSupreme Court of North Carolina · 1882
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