Grantham v. . Nunn

While the plaintiff seeks by mandatory injunction to compel the cancellation of the deed of trust to E. A. Nunn upon payment of all the notes made to Mrs. Bryan, except the two that were sent to the National Bank of New Bern, the defendant Holton, as we understand, demands either a sale of the land for the payment of the two notes held 'by him or an opportunity by taking up the remaining notes to be subrogated to the rights of Mrs. Bryan. It will be noted, therefore, that the controversy presents the question whether Holton is entitled to subrogation pro tanto, that is, to the amount of the…