Crowell v. . Jones
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at August Term, 1914, of DAVIDSON. Civil action. It appeared tbafc plaintiffs had conveyed to defendants a certain interest, six-fifteenths, in a piece of property on which there was a flouring mill with engine, boiler, and usual machinery and fixtures, and the action is brought to collect note given for the purchase money and to foreclose a mortgage on the property to secure the same.
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Appeal by defendant from Devin, J., at August Term, 1914, of DAVIDSON. Civil action. It appeared tbafc plaintiffs had conveyed to defendants a certain interest, six-fifteenths, in a piece of property on which there was a flouring mill with engine, boiler, and usual machinery and fixtures, and the action is brought to collect note given for the purchase money and to foreclose a mortgage on the property to secure the same. The note for $3,317.80 is in form as follows: “$3,317.80. “One year after date we promise to pay to Millie Jones Crowell and G-. E. Crowell the sum of $3,317.80, with…
1Opinion of the Court
Hoke, J.,
after stating the case: There is no denial in the answer as to the mortgage covering the land on which the mill is situate, and, there being no issue presented, the objections bearing on the sufficiency of the description are not properly open to defendant on the record. The position insisted on, that a stake is not sufficiently definite to be considered a beginning corner, is true as a rule, but it obtains only in cases where there are no data presented in the description from which the true location of the stake can be determined.
In this instance, while the beginning corner is said…
2Cases cited12 opinions
- Fowler v. Equitable Trust Co.Supreme Court of the United States · 1891
- Wilson v. . ForbesSupreme Court of North Carolina · 1828
- Hartford & Salisbury Ore Co. v. MillerSupreme Court of Connecticut · 1874
- Hatch v. DouglasSupreme Court of Connecticut · 1880
- Price v. . DealSupreme Court of North Carolina · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Federal Construction Co. v. WolfsonCalifornia Supreme Court · 1921
- Currie v. MalloySupreme Court of North Carolina · 1923
- Agostini v. Colonial Trust Co.Court of Chancery of Delaware · 1944
- Nelson v. . LinekerSupreme Court of North Carolina · 1916
- Shankle v. . IngramSupreme Court of North Carolina · 1903
4 more not listed; retrieve them via the Exa API.