Everhart v. . Adderton
Supreme Court of North Carolina
Appeal from Harding, J., at November Term, 1917, of Davidson. By consent the facts were found by the judge. Frank C. Clemmons and George Foster were tenants in common of the lands described, and in June, 1909, executed to M. A. Adderton a mortgage thereon to secure the sum of $300, their wives joining in the conveyance.
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Appeal from Harding, J., at November Term, 1917, of Davidson. By consent the facts were found by the judge. Frank C. Clemmons and George Foster were tenants in common of the lands described, and in June, 1909, executed to M. A. Adderton a mortgage thereon to secure the sum of $300, their wives joining in the conveyance. The mortgage was duly registered and default having been made, the land was duly advertised and sold on 5 March, 1917, under the power of sale, when Fannie Foster, wife of said George Foster, was declared the highest bidder in the sum of $450, by the auctioneer, who gave a…
1Opinion of the Court
ClaeK, C- J.
Tbe mortgage was regularly executed and covered tbe entire tract of land and upon default tbe sale was duly advertised and Fannie Foster was tbe last and bigbest bidder. There is no allegation, suggestion, or finding that there was any fraud, oppression, or irregularity as to tbe execution and registration of tbe mortgage or in tbe advertisement and sale. At tbe time of tbe execution of tbe mortgage tbe plaintiffs Frank Clemmons and George Foster were cotenants. Tbe fact that subsequent to tbe execution of tbe mortgage, and before tbe sale, they severed tbe cotenancy in no wise…
2Cases cited4 opinions
- Jackson v. . BairdSupreme Court of North Carolina · 1908
- Dickerson v. Simmons.Supreme Court of North Carolina · 1906
- McLawhorn v. . HarrisSupreme Court of North Carolina · 1911
- Sutton v. . JenkinsSupreme Court of North Carolina · 1908
3Cited by6 opinions
- Gentry v. . GentrySupreme Court of North Carolina · 1924
- Ruark v. . HarperSupreme Court of North Carolina · 1919
- Hatcher v. . AllenSupreme Court of North Carolina · 1941
- Kelly v. . DavisSupreme Court of North Carolina · 1936
- Sutton v. . BankSupreme Court of North Carolina · 1937
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