Hyman v. . Devereux and Others
Supreme Court of North Carolina
Civil-actioN, including a provisional injunction, before Watts, J., at Halifax, Spring Term 1869. The complaint alleged, that in 1857, the defendant Deve-reux, sold to the defendant Clark, a piece of land, and took from him sis bonds for the purchase money, and a mortgage on the land and a large number .of slaves, to secure the bonds.
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Civil-actioN, including a provisional injunction, before Watts, J., at Halifax, Spring Term 1869. The complaint alleged, that in 1857, the defendant Deve-reux, sold to the defendant Clark, a piece of land, and took from him sis bonds for the purchase money, and a mortgage on the land and a large number .of slaves, to secure the bonds. The mortgage contained the following stipulations respecting ■ a sale of the property, in case of non-payment: “ Secondly,- when any amount, principal or interest, on any one of the said six notes shall be due and payable, then said Devereux shall call on the…
1Opinion of the CourtBodmaN, J.
(After stating the facts as above). The demurrer to the whole complaint, coupled wilh an answer to the whole is irregular, but the latter must be understood to overrule the former. In this case it is unimportant which be taken, as in either alternative the same questions are presented: the want of a right on the part of the plaintiffs to the .relief demanded., upon the facts stated in the complaint, is a defence always open to the defendants, until passed on by judgment. The answers do not deny any of the facts stated in the complaint; they insist that the lien of the mortgage was not…
2Cases cited1 opinion
- Chase v. AbbottSupreme Court of Iowa · 1866
3Cited by52 opinions
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Williams v. . TeacheySupreme Court of North Carolina · 1881
- Kidder v. . McIlhennySupreme Court of North Carolina · 1879
- Baber v. HanieSupreme Court of North Carolina · 1913
- W. R. Grace & Co. v. StricklandSupreme Court of North Carolina · 1924
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