Hines v. . Outlaw
Supreme Court of North Carolina
ActtoN for the foreclosure of a mortgage tried before Timber lake, J., and a jury, at Spring Term, 1897, of Craven Superior Court. There was a verdict for the plaintiff and from the judgment thereon the defendants appealed, assigning as error the refusal of ail instruction specially prayed for, which is set out in the opinion of the Court.
1Opinion of the Court
Faircloth, C. J.:
On April 25, 1889, the defendants leased 100 acres of land to plaintiff for five years from January 1, 1890, with stipulations that plaintiff should ditch, fence and otherwise improve said land. On May 6, 1889, the defendants borrowed money from plaintiff and secured the same by note and mortgage on certain lands in- eluding said 100 acres, due and payable January 1, 1895, and on October 14, 1895, the plaintiff instituted this action for judgment and foreclosure of the mortgage, alleging nonpayment, &c.
The defendants answer and acknowledge the execution of the lease and…
2Cases cited2 opinions
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Whitehead v. . HellenSupreme Court of North Carolina · 1877
3Cited by1 opinion
- Parker v. . HardenSupreme Court of North Carolina · 1898