Wilkes v. Miller
Supreme Court of North Carolina
Appeal from UnioN from judgment by W. R. Allen, J., rendered in chambers, by consent, in 1910. Civil action instituted in Superior Court of Union County for the purpose of obtaining judgment to apply the proceeds of certain lands described in the complaint to the payment of a judgment in favor of the plaintiff against W. F. Rhea, deceased.
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Appeal from UnioN from judgment by W. R. Allen, J., rendered in chambers, by consent, in 1910. Civil action instituted in Superior Court of Union County for the purpose of obtaining judgment to apply the proceeds of certain lands described in the complaint to the payment of a judgment in favor of the plaintiff against W. F. Rhea, deceased. This case was with an action, instituted prior to the bringing of this action, for the purpose of foreclosing a mortgage made by W. E. Rhea and wife to J. W. Miller, the mortgagor and mortgagee both being dead at the time of the institution of these…
1Opinion of the CourtBbowm, J.
1. The judgments of Liddell & Co. referred to in finding 10 were docketed prior to the registration of the mortgages referred to in the findings, but the judgments were never cross-indexed. Therefore they never constituted a lien upon the land. Dewey v. Sugg, 109 N. C., 329.
2. The Wilkes judgment was docketed 5 November, 1895, after the registration of the original mortgages referred to in findings 3, 4, and 5.
On 11 January, 1893, there was due on the mortgages (all on same land) $830. On that date Miller, the owner of the debt, took from the debtor another note and mortgage securing the same…
2Cases cited1 opinion
- Collins v. Davis.Supreme Court of North Carolina · 1903
3Cited by12 opinions
- W. R. Grace & Co. v. StricklandSupreme Court of North Carolina · 1924
- Norman Lumber Company v. United StatesCourt of Appeals for the Fourth Circuit · 1955
- Trust Co. v. . CurrieSupreme Court of North Carolina · 1925
- Southern Dairies, Inc. v. BanksCourt of Appeals for the Fourth Circuit · 1937
- First National Bank of Graham v. HallSupreme Court of North Carolina · 1917
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