Doster v. . English
Supreme Court of North Carolina
Appeal from Lyon, J., at February Term, 1910, of UNION. Civil action brought by plaintiffs to recover the penalty for usury given by Revisal, sec. 1951, if brought within two years.
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Appeal from Lyon, J., at February Term, 1910, of UNION. Civil action brought by plaintiffs to recover the penalty for usury given by Revisal, sec. 1951, if brought within two years. Section '396. The following issues were submitted: 1. Was the deed of W. S. Blakeney, commissioner, to the defendants intended as a security for money furnished by the defendants to pay off the Jefferson Bank judgment, the cost of that action, the taxes and insurance against the feme plaintiff’s property, as alleged in the complaint? Answer: No. 2. Did tbe plaintiff contract to buy of tbe defendants tbe two bouses…
1Opinion of the CourtBrown, J.
Tbe facts are that plaintiffs bad mortgaged tbe wife’s property to a bank and foreclosure proceedings in default of payment were bad in tbe Superior Court of Union County.
The property was sold under tbe decree and was bid off for $4,100. The bid was raised by defendants, who purchased it at their advanced bid. It is claimed by iffaintiffs that this was done for their benefit 'and in pursuance of an agreement to loan them tbe money, including ai bonus of $350, and that although tbe legal title was held by defendants, it was in effect a mortgage to secure tbe money advanced. Tbe defendants…
2Cases cited3 opinions
- Bank of the United States v. Waggener and OthersSupreme Court of the United States · 1835
- Cook v. . McClureNew York Court of Appeals · 1874
- Bennett v. Best.Supreme Court of North Carolina · 1906
3Cited by33 opinions
- Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
- Henderson v. SECURITY MORTAGAGE AND FINANCE CO.Supreme Court of North Carolina · 1968
- Clark v. GreySupreme Court of Florida · 1931
- Michigan National Bank v. HannerSupreme Court of North Carolina · 1966
- Plitt v. KaufmanCourt of Appeals of Maryland · 1947
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