Cooper v. . Kimball
Supreme Court of North Carolina
Civil ACTION tried before Bryan, J., and a jury at May Term, 1898, of the Superior Court of VANCE County. The complaint alleges, that on July 12, 1897, at a foreclosure sale, under a deed of trust, of the lands of H. F. Plummer and wife, the plaintiff became the purchaser of a 500-acre tract and thereafter within a very short time, by oral agreement, rented the land to said H. F. Plummer for the remainder of the year 1897 for one-fourth of the crops.
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Civil ACTION tried before Bryan, J., and a jury at May Term, 1898, of the Superior Court of VANCE County. The complaint alleges, that on July 12, 1897, at a foreclosure sale, under a deed of trust, of the lands of H. F. Plummer and wife, the plaintiff became the purchaser of a 500-acre tract and thereafter within a very short time, by oral agreement, rented the land to said H. F. Plummer for the remainder of the year 1897 for one-fourth of the crops. That upon the maturity of said crops grown upon the land, the defendant without plaintiff’s consent and without notice to him, removed the crops…
1Opinion of the Court
Clark, J.:
The land was sold on July 12, 1897, under the deed of trust, the purchaser immediately, during the preparation of the deed, entertained negotiations with the mortgagor, giving him the option to buy back the property or pay rent, his decision to be made in ten days, and he continued in possession in consequence. The trustee’s deed to the purchaser was filed for registration the same day, and a few moments thereafter the defendant filed in the same office a mortgage on the crop, which had been executed on the 31st of March, 1897. This is not expressed to be for advances to be made,…
2Cases cited3 opinions
- Jones v. . HillSupreme Court of North Carolina · 1870
- Jones v. . JonesSupreme Court of North Carolina · 1895
- Ford v. . GreenSupreme Court of North Carolina · 1897
3Cited by1 opinion
- Collins v. . BassSupreme Court of North Carolina · 1929