McAllister v. . Purcell
Supreme Court of North Carolina
Civil ActioN, for foreclosure of mortgage, tried before Allen, J., at Spring Term, 1898, of RobesoN Superior Court. Tbe defendants executed tbeir land mortgage deed to tbe plaintiff, J. A. McAllister, receiver, on December 22, 1884, to secure an indebtedness therein mentioned.
Read the full summary
Civil ActioN, for foreclosure of mortgage, tried before Allen, J., at Spring Term, 1898, of RobesoN Superior Court. Tbe defendants executed tbeir land mortgage deed to tbe plaintiff, J. A. McAllister, receiver, on December 22, 1884, to secure an indebtedness therein mentioned. Tbe probate of acknowledgment of tbe mortgagors and privy examination of tbe feme defendant was taken before J. E. Purcell, Esq., a Justice of tbe Peace of Robeson County, wbo is a brother of defendant Charles A. Purcell. His certificate was adjudged by tbe Clerk to be in due form of law, and tbe deed was ordered to be…
1Opinion of the Court
Clare:, J.
Tbe plaintiffs’ mortgage was executed in 1884 and duly registered. An.interlocutory decree of foreclosure thereon was entered in this action in 1890, but before sale made tbe defendants executed a second mortgage to Worth & Worth, in 1897, who are made parties defendant and plead tbat they should be preferred in tbe decree of foreclosure by reason of tbe fact (which is admitted) tbat tbe Justice of tbe Peace wbo took tbe acknowledgment of Purcell, tbe mortgagor, and tbe privy examination of bis wife, was tbe brother of Purcell. Whether this made tbe registration of tbe first…
2Cases cited6 opinions
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Long v. . CrewsSupreme Court of North Carolina · 1893
- Barrett v. . BarrettSupreme Court of North Carolina · 1897
- Williams v. . KerrSupreme Court of North Carolina · 1893
- Freeman v. . PersonSupreme Court of North Carolina · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chandler v. . CameronSupreme Court of North Carolina · 1948
- B. Blanton & Co. v. BosticSupreme Court of North Carolina · 1900
- Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
- Martin v. Buffaloe.Supreme Court of North Carolina · 1901
- County Savings Bank of Abbeville v. TolbertSupreme Court of North Carolina · 1926
4 more not listed; retrieve them via the Exa API.