Todd, Schenck & Co. v. Outlaw
Supreme Court of North Carolina
Civil Action to recover Land, tried at Spring Term, 1877, of BeRtie Superior Court, before Eure, J. The plaintiffs claim under a mortgage executed to them by one Vernoy, to secure advances for agricultural purposes-on the 2nd of March, 1874, and duly recorded on the 10th of that month.
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Civil Action to recover Land, tried at Spring Term, 1877, of BeRtie Superior Court, before Eure, J. The plaintiffs claim under a mortgage executed to them by one Vernoy, to secure advances for agricultural purposes-on the 2nd of March, 1874, and duly recorded on the 10th of that month. The defendant claims as a purchaser under a decree of foreclosure of a mortgage of the same land executed by said Vernoy and wife on the 16th of February, 1866, to one Bond (vendor and mortgagee) to secure the unpaid balance of the purchase money of the land. The execution of this latter mortgage was…
1Opinion of the CourtBykum, J.
(After stating the case as above) 1. Tbe statute provides that “ no deed of trust or mortgage for real or personal estate shall be valid at law to pass any property as against creditors or purchasers for a valuable consideration, from the donor, bargainor or mortgagor, but from the registration of such deed of trust or mortgage in the county where the land lieth.” Bat. Rev. ch. 35, § 12. How mort-. gages executed without the State, for lands lying within the State, shall be proved without the State before they can be duly registered, is prescribed by statute, Bat. Rev. ch. 85, §§ 7, 8, and it…
2Cases cited6 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Robinson v. WilloughbySupreme Court of North Carolina · 1874
- Small v. . SmallSupreme Court of North Carolina · 1876
- Badger v. . DanielSupreme Court of North Carolina · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- State v. ScottSupreme Court of North Carolina · 1921
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- State v. . ScottSupreme Court of North Carolina · 1921
- White v. . ConnellySupreme Court of North Carolina · 1890
55 more not listed; retrieve them via the Exa API.