Churchill v. . Turnage
Supreme Court of North Carolina
Civil action to enjoin a sale under mortgage and for an accounting, usury being alleged, heard before Allen, *J., at August Term, 1897 of G-reene Superior Court, on exceptions to the report of a referee to whom the case had been referred under The Code. The facts sufficiently appear in the opinion. From a judgment overruling the plaintiff’s exceptions, the plaintiff appealed.
1DissentClark, J.
The plaintiffs executed to the defendants a mortgage upon real estate, on 27 December, 1889, for the amount of $3,671.36, evidenced by three bonds of equal amount, payable on 1 January, 1891, 1892, and 1893, respectively, with interest at the rate of 8 per cent per annum. On 1 January, 1894, the plaintiffs executed another mortgage to the defendant Turnage upon the same land to secure the amount of $3,743.89 evidenced by three bonds of equal amount, payable 1 January, 1895, 1 January, 1896, and 1 January, 1897, with interest at 8 per cent. This action was commenced by the plaintiffs for an…
2Cases cited6 opinions
- Burwell v. . BurgwynSupreme Court of North Carolina · 1888
- Moore v. . BeamanSupreme Court of North Carolina · 1893
- Rountree v. . BrinsonSupreme Court of North Carolina · 1887
- Ballinger v. . EdwardsSupreme Court of North Carolina · 1847
- Purnell v. Vaughan, Barnes & Co.Supreme Court of North Carolina · 1880
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3Cited by16 opinions
- Michigan National Bank v. HannerSupreme Court of North Carolina · 1966
- Owens v. WrightSupreme Court of North Carolina · 1912
- Waters v. GarrisSupreme Court of North Carolina · 1924
- Carolina Industrial Bank v. MerrimonSupreme Court of North Carolina · 1963
- Waters v. . GarrisSupreme Court of North Carolina · 1924
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