Howell v. . Pool
Supreme Court of North Carolina
This was a civil ACTION, pending in Wake Superior Court, heard before Avery, Judge, on motion to dissolve a restraining order, at chambers on the 26th of May, 1884. On the 26th day of January, 1881, the plaintiff, B. N. Howell, borrowed of the defendant the sum of twenty-five hundred dollars, and gave his bond therefor, to become due at twelve months, and bearing interest from date at the rate of eight per cent, per annum, payable semi-annually.
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This was a civil ACTION, pending in Wake Superior Court, heard before Avery, Judge, on motion to dissolve a restraining order, at chambers on the 26th of May, 1884. On the 26th day of January, 1881, the plaintiff, B. N. Howell, borrowed of the defendant the sum of twenty-five hundred dollars, and gave his bond therefor, to become due at twelve months, and bearing interest from date at the rate of eight per cent, per annum, payable semi-annually. At the same time the said B. N. Howell and his wife, the plaintiff Nancy J., executed a mortgage deed to the defendant conveying, with other lands a…
1Opinion of the CourtSmith, C. J.
(after stating the facts). Many reasons are suggested in the complaint why the court should interpose in the attempted exercise of the power conferred in the mortgage, such as the mental and physical condition of the mortgagor, and the injurious consequences to him that may ensue, and the unfavorable time for making sale, which cannot enter into our consideration of the right of the creditor to enforce payment of his debt, through the means placed at his disposal by the debtor.
The objection to the insufficient manner of advertising the intended sale, and to other informalities in connection…
2Cases cited6 opinions
- Whitehead v. . HellenSupreme Court of North Carolina · 1877
- Capehart v. . BiggsSupreme Court of North Carolina · 1877
- Kornegay v. . SpicerSupreme Court of North Carolina · 1877
- McCorkle v. . BremSupreme Court of North Carolina · 1877
- Pritchard v. . SandersonSupreme Court of North Carolina · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mills v. . Building Loan Assn.Supreme Court of North Carolina · 1940
- Jones v. . PullenSupreme Court of North Carolina · 1894
- Mills v. Mutual Building & Loan Ass'nSupreme Court of North Carolina · 1940
- In Re Sale of E. Hollowell Land Ex Rel. Southern Trust Co.Supreme Court of North Carolina · 1927
- Banking Co. v. . LeachSupreme Court of North Carolina · 1915
1 more not listed; retrieve them via the Exa API.