Hutaff v. . Adrian
Supreme Court of North Carolina
This was a MOTION to dissolve an injunction, heard before Connor, J., at January Term, 1893, of New Hanover Superior Court.
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This was a MOTION to dissolve an injunction, heard before Connor, J., at January Term, 1893, of New Hanover Superior Court. The complaint, used as an affidavit upon which the order had been granted, alleged that the plaintiff, in March, 1871, in order to secure his promissory note to defendants, due 1st day of April, 1872, executed to them a mortgage upon certain land-in Wilmington, with the usual power of sale in case of default in the payment of the note; that no payment has ever been made on the note and mortgage, which became barred by the statute of limitations on the 1st of April, 1882,…
1Opinion of the Court
Clark, J.:
Upon the allegations in the complaint taken as true the defendants’ bond and mortgage are alike barred by the statute of limitations. The Code, §152 (2) and (3). A sale under such mortgage would carry to the purchaser no title. The plaintiff mortgagor being in possession has a full defence to an action for ejectment when brought by the purchaser. Capehart v. Biggs, 77 N. C., 261; Fox v. Kline, 85 N. C., 173. The Court will, therefore, not interpose by injunction merely to prevent a cloud upon the title. Southerland v. Harper, 83 N. C., 200; Browning v. Lavender, 104 N C., 69.
It…
2Cases cited6 opinions
- Capehart v. . BiggsSupreme Court of North Carolina · 1877
- Harrison v. . BraySupreme Court of North Carolina · 1885
- Pritchard v. . SandersonSupreme Court of North Carolina · 1881
- Fox v. . KlineSupreme Court of North Carolina · 1881
- Purnell v. . VaughanSupreme Court of North Carolina · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- House v. . CarrNew York Court of Appeals · 1906
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- Goldwater v. Hibernia Savings & Loan SocietyCalifornia Court of Appeal · 1912
- Smith v. Parker.Supreme Court of North Carolina · 1902
- Miller v. Coxe.Supreme Court of North Carolina · 1903
4 more not listed; retrieve them via the Exa API.