Legal Opinion

Williams v. . Maxwell

Supreme Court of North Carolina

Decided December 20, 1898PublishedCited by 6 opinions

Motion made in a civil action commenced in Superior Court of Burke County on February 17, 1898, to enjoin the sale of certain lots, under mortgage, in the-town of Morganton, the defendant being the trustee in the mortgage, heard before Starbuck, J., upon notice, at Chambers in Marion on March 9. 1898. At the hearing of a motion for injunction, his Honor, Judge Starbuck, after argument by counsel and a consideration of the case upon the evidence introduced, found the…

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Motion made in a civil action commenced in Superior Court of Burke County on February 17, 1898, to enjoin the sale of certain lots, under mortgage, in the-town of Morganton, the defendant being the trustee in the mortgage, heard before Starbuck, J., upon notice, at Chambers in Marion on March 9. 1898. At the hearing of a motion for injunction, his Honor, Judge Starbuck, after argument by counsel and a consideration of the case upon the evidence introduced, found the following facts and entered the order of judgment hereinafter set forth, to-wit: First. That on or about the 26th day of March,…

1Opinion of the Court

Eurches, J.:

The “North Carolina Building & Loan Association” is a corporation and its place of business is Charlotte, N. 0. The' plaintiff, Richard Williams, became the owner of ten shares of capital stock in said Association of the par value of $100 each, aggregating the sum of $1,000. This made him a stockholder in the Association (Strauss v. B. & L. Asso., 117 N. C., 314) and enabled him to borrow $L, 000 from the Asso-, ciation, which he did, and he and his wife executed one of the mortgages mentioned in the complaint, as security therefor. The plaintiff having reduced the amount of this…

2Cases cited3 opinions

  1. Strauss v. Carolina Inter-State Building & Loan Ass'nSupreme Court of North Carolina · 1895
  2. Strauss v. Carolina Interstate Building & Loan Ass'nSupreme Court of North Carolina · 1896
  3. McCaskill v. . McKinnonSupreme Court of North Carolina · 1897

3Cited by6 opinions

  1. Reddick v. United States Building & Loan Association's AssigneeCourt of Appeals of Kentucky · 1899
  2. Colvin v. McCormick Cotton Oil Co.Supreme Court of South Carolina · 1903
  3. Young v. Improvement Loan & Building Ass'nWest Virginia Supreme Court · 1900
  4. People's Building & Loan Ass'n v. McPhilamyMississippi Supreme Court · 1902
  5. McIlwaine v. EllingtonCourt of Appeals for the Fourth Circuit · 1901

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