Walker v. . Mebane
Supreme Court of North Carolina
Civil ActioN to foreclose a mortgage tried at June Term, 1883, of New Hanover Superior Court,^before McKoy, J. On the 8th day of January, 1871, Maria A. Mebane was-indebted to the Mechanics’ Building and Loan Association in the sum of $3,403. This debt was created with the assent of her husband, James A. Mebane, and to secure the payment thereof the said Maria A., with the like assent of her husband, executed to this corporation a mortgage of a lot or parcel of land situate…
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Civil ActioN to foreclose a mortgage tried at June Term, 1883, of New Hanover Superior Court,^before McKoy, J. On the 8th day of January, 1871, Maria A. Mebane was-indebted to the Mechanics’ Building and Loan Association in the sum of $3,403. This debt was created with the assent of her husband, James A. Mebane, and to secure the payment thereof the said Maria A., with the like assent of her husband, executed to this corporation a mortgage of a lot or parcel of land situate in the city of Wilmington. This mortgage contained a power of sale, authorizing the mortgagee to sell the land in…
1Opinion of the Court
MerriMON, J.,
after stating the case. The decision of a single one of the numerous questions discussed before us, must in our judgment be conclusive of this case, and we need not decide the others.
Passing by all questions as to the validity of the mortgage debt/and the mortgage executed by Maria A. Mebane to the defendant corporation, and any like question as to the validity of the notes which the plaintiff seeks to have paid by a sale of the real property embraced by that mortgage, we think the defendant Charles P. Mebane paid, and was fully authorized to pay and discharge, the mortgage debt…
2Cases cited4 opinions
- Perkins v. SterneTexas Supreme Court · 1859
- Knox v. JohnstonWisconsin Supreme Court · 1870
- Farrar v. ComfortSupreme Court of Missouri · 1862
- Elliott v. WyattSupreme Court of North Carolina · 1876
3Cited by14 opinions
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Stern v. BenbowSupreme Court of North Carolina · 1909
- Barbee v. EdwardsSupreme Court of North Carolina · 1953
- Blake v. . BroughtonSupreme Court of North Carolina · 1890
- Saleeby v. . BrownSupreme Court of North Carolina · 1925
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