Lewis v. . Nunn
Supreme Court of North Carolina
Appeal by plaintiff from Daniels, J., at tbe November Term, 1919, of Lenoie. Tbis is an action to recover possession of a tract of land, and todeclare tbe plaintiff tbe owner thereof.
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Appeal by plaintiff from Daniels, J., at tbe November Term, 1919, of Lenoie. Tbis is an action to recover possession of a tract of land, and todeclare tbe plaintiff tbe owner thereof. Tbe defendants, Nunn and- wife, being tbe owners of tbe land, subject to a mortgage to one Edwards, procured F. F. Loftin to pay off tbe Edwards debt,.and to make" them an additional loan of $191, making-tbe total amount due Loftin $1,075, and on 1 November, 1917, tbey executed a deed of trust to tbe Kinston Insurance and Realty Company, conveying said land to secure said debt, wbicb was divided into four…
1Opinion of the Court
AlleN, J".
The instruction to the jury, to which exception is taken, is predicated on the correctness of the two positions of the defendants, which it is therefore necessary to examine.
1. Accepting the evidence of the defendants as to the tender to be true, it shows that after the first note, secured in the deed in triist, became due, the creditor Loftin promised to extend the time of payment, and that before the sale tender was made of the amount of the first note, and interest on the whole debt, and, in our opinion, these facts do not impair the title of the plaintiff acquired at the sale.
The…
2Cases cited4 opinions
- Cranston v. CraneMassachusetts Supreme Judicial Court · 1867
- National Bank of Asheville v. SumnerSupreme Court of North Carolina · 1896
- Williams v. Southern Railway Co.Supreme Court of North Carolina · 1911
- Debnam v. . WatkinsSupreme Court of North Carolina · 1919
3Cited by18 opinions
- McNeely Ex Rel. McNeely v. WaltersSupreme Court of North Carolina · 1937
- Cole v. Industrial Fibre Co.Supreme Court of North Carolina · 1931
- American Trust Co. v. Catawba Sales & Processing Co.Supreme Court of North Carolina · 1955
- State Ex Rel. Greene County v. National BankSupreme Court of North Carolina · 1927
- Sandlin v. WeaverSupreme Court of North Carolina · 1954
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