Sanderlin v. Cross
Supreme Court of North Carolina
Cim actioN tried before Bond, J., at January Term, 1916, of Pas-quotank:. This action was instituted by the plaintiffs, who are the heirs at law of George "W. Sanderlin and his wife, E. "W". Sanderlin, for the purpose of setting aside sales of a tract of land and the timber thereon, situated' in the county of Pasquotank, which sales were made by E. F. Aydlett, trustee, to James Parker and J. D. Parker, the trustee claiming the right to do so by virtue of a deed of trust, and…
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Cim actioN tried before Bond, J., at January Term, 1916, of Pas-quotank:. This action was instituted by the plaintiffs, who are the heirs at law of George "W. Sanderlin and his wife, E. "W". Sanderlin, for the purpose of setting aside sales of a tract of land and the timber thereon, situated' in the county of Pasquotank, which sales were made by E. F. Aydlett, trustee, to James Parker and J. D. Parker, the trustee claiming the right to do so by virtue of a deed of trust, and asking that the plaintiffs be declared the owners of the land, subject only to such amount upon an accounting as may be…
1Opinion of the Court
Ai.leN, 3".
The cause of the plaintiffs has been presented with zeal and ability, and circumstances have been called to our attention which, from the viewpoint of the plaintiffs, are calculated to excite sympathy and to arouse indignation; but we can give no weight to these matters except in so far as they relate to the legal questions involved in the appeal.
The exercise of the power of sale by the trustee upon the demand of the secured creditors at a time when the wife, who was the owner of the property, was at the bedside of a dying husband was a harsh exercise of a power which is not…
2Cases cited7 opinions
- Peacock v. Barnes.Supreme Court of North Carolina · 1906
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Ewbank v. . LymanSupreme Court of North Carolina · 1915
- Tuttle v. TuttleSupreme Court of North Carolina · 1907
- Gore v. . DavisSupreme Court of North Carolina · 1899
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3Cited by15 opinions
- Vail v. VailSupreme Court of North Carolina · 1951
- Hargett v. . LeeSupreme Court of North Carolina · 1934
- Lanier v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1919
- Swartzberg v. Reserve Life Insurance CompanySupreme Court of North Carolina · 1960
- Latham v. LathamSupreme Court of North Carolina · 1922
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