Whitehurst v. . Gaskill and Another
Supreme Court of North Carolina
Civil action, tried before Clarke, J., at June Term, 1873, of the Superior Court of Carteret county, upon the facts contained in the following case agreed : On the 2d February, 1858, the defendant, A. W. Gaskill, being indebted to one David W. Whitehurst in the sum of $350, executed a mortgage of certain land to secure the payment of said debt, five years after date, at which time the mortgage was to become absolute.
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Civil action, tried before Clarke, J., at June Term, 1873, of the Superior Court of Carteret county, upon the facts contained in the following case agreed : On the 2d February, 1858, the defendant, A. W. Gaskill, being indebted to one David W. Whitehurst in the sum of $350, executed a mortgage of certain land to secure the payment of said debt, five years after date, at which time the mortgage was to become absolute. The mortgage was registered the 19th of February, 1859. Gaskill, the defendant and mortgagor, remained in possession, (though there was no express stipulation in the deed that he…
1Opinion of the CourtReade, J.
The question is whether the plaintiff, who represents the mortgagee was, entitled to notice of the sale of the land for taxes. The statute is express, that notice shall be given, and the only question is who is the proper person to be notified.
The mortgagee is the legal owner of the land, and has a ¡substantial interest in it, and is the person entitled to the notice. The sale in this case was therefore void, and the .plaintiff was entitled to the order of foreclosure and sale made ¡below.
The taxes were, however, a charge upon the land, and as the defendant, Roberts, paid off the taxes, he…
2Cited by6 opinions
- Hill v. . NicholsonSupreme Court of North Carolina · 1885
- Brewer v. . ChappelSupreme Court of North Carolina · 1888
- Julian v. Central Trust Co.Court of Appeals for the Fourth Circuit · 1902
- In re MacaySupreme Court of North Carolina · 1881
- Killebrew v. . HinesSupreme Court of North Carolina · 1889
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