Legal Opinion

Chard v. . Warren

Supreme Court of North Carolina

Decided March 8, 1898PublishedCited by 12 opinions

Civil ACTION to foreclose a deed of trust covering a large tract of timber lands in Dare County, pending in the Superior Court of said County.

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Civil ACTION to foreclose a deed of trust covering a large tract of timber lands in Dare County, pending in the Superior Court of said County. No answer or demurrer was filed and a decree of sale was entered, by consent, at May Term, 1896. The sale was made on 18th November, 1896, and the motion to confirm the report of sale was heard by Bryan, J., (by consent) at Chambers in Raleigh on 14th January, 1897, and at Newbern on 16th June, 1897. The plaintiff purchased the land as trustee for the holders of the notes secured by the deed of trust. The Eastern Carolina Land, Lumber and Manufacturing…

1Opinion of the Court

MONTGOMERY, J.:

One of the defendants, the Eastern Carolina Land & Lumber Manufacturing Company, in order to secure an issue of bonds, executed and delivered to the American Loan and Trust Company a deed of trust upon the lands described in the complaint. The bonds, in various amounts, were placed by the company in the hands of the American Exchange Bank of Buffalo, New York, the Bank of Commerce in Buffalo, the People’s Bank of Buffalo, W. A. Ensign & Son, of North East Pennsylvania, and the Phoenix National Bank of New York, as collateral security, for certain indebtedness of the company.…

2Cases cited3 opinions

  1. Fort v. . AllenSupreme Court of North Carolina · 1892
  2. Green v. CastleburySupreme Court of North Carolina · 1874
  3. Symington v. . McLinSupreme Court of North Carolina · 1835

3Cited by12 opinions

  1. Holloman v. Southern Railway Co.Supreme Court of North Carolina · 1916
  2. State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
  3. Cook v. . SinkSupreme Court of North Carolina · 1925
  4. Sears v. BraswellSupreme Court of North Carolina · 1929
  5. Sears v. . BraswellSupreme Court of North Carolina · 1929

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