Brett v. . Davenport
Supreme Court of North Carolina
Appeal from Guión, J., Spring Term, 1909, of Bertie. Civil action, tried upon admissions in pleadings and facts agreed. Among other facts, it appeared that on 1 February, 1908, plaintiff Brett executed a mortgage or deed of trust with power of sale, conveying certain lands in Bertie County to defendant J. "W". Davenport, trustee, to secure defendant bank in the sum of $460; that at the time this deed was executed there was a prior mortgage upon said land for an existing…
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Appeal from Guión, J., Spring Term, 1909, of Bertie. Civil action, tried upon admissions in pleadings and facts agreed. Among other facts, it appeared that on 1 February, 1908, plaintiff Brett executed a mortgage or deed of trust with power of sale, conveying certain lands in Bertie County to defendant J. "W". Davenport, trustee, to secure defendant bank in the sum of $460; that at the time this deed was executed there was a prior mortgage upon said land for an existing indebtedness to some third party, which remains unpaid; that in June, 1908, the trustee offered the land for sale, when same…
1Opinion of the Court
Hoke, J.,
after stating the case: As we understand it, the demand of plaintiffs proceeds upon the theory that the defendant trustee, and the bank, as his aider and abettor, should be held responsible in damages for a breach of trust, in failing to collect or making any endeavor to collect the bids obtained at the first sale; but we are aware of no principle that would justify or sustain such a recovery. The trustee, in effect, offered for sale an unencumbered title, and the instrument under which he was acting, in itself, conferred upon him no such power.
Authority (certainly th$ decided weight…
2Cases cited7 opinions
- Mayer v. . AdrianSupreme Court of North Carolina · 1877
- Bottineau v. Ætna Life InsuranceSupreme Court of Minnesota · 1883
- Donohue v. ChaseMassachusetts Supreme Judicial Court · 1881
- Lanier v. McIntoshSupreme Court of Missouri · 1893
- Lunsford v. . SpeaksSupreme Court of North Carolina · 1893
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3Cited by16 opinions
- Eubanks v. BectonSupreme Court of North Carolina · 1912
- Ferebee v. . SawyerSupreme Court of North Carolina · 1914
- McWhirter v. . McWhirterSupreme Court of North Carolina · 1911
- Tillett v. . R. R.Supreme Court of North Carolina · 1894
- Fox v. JacobsMichigan Supreme Court · 1939
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