Legal Opinion · Dissent

Churchill v. . Turnage

Supreme Court of North Carolina

Decided May 11, 1898PublishedCited by 16 opinions

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

  1. Burwell v. . BurgwynSupreme Court of North Carolina · 1888
  2. Moore v. . BeamanSupreme Court of North Carolina · 1893
  3. Rountree v. . BrinsonSupreme Court of North Carolina · 1887
  4. Ballinger v. . EdwardsSupreme Court of North Carolina · 1847
  5. Purnell v. Vaughan, Barnes & Co.Supreme Court of North Carolina · 1880

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3Cited by16 opinions

  1. Michigan National Bank v. HannerSupreme Court of North Carolina · 1966
  2. Owens v. WrightSupreme Court of North Carolina · 1912
  3. Waters v. GarrisSupreme Court of North Carolina · 1924
  4. Carolina Industrial Bank v. MerrimonSupreme Court of North Carolina · 1963
  5. Waters v. . GarrisSupreme Court of North Carolina · 1924

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