Bradburn v. . Roberts
Supreme Court of North Carolina
ActioN beard at chambers by Guión, J., by consent, at Marshall, August 23, 1907, as of July Term, 1907, of BuN-COMBB. The plaintiffs allege in their complaint that they executed a deed, absolute in form, for the land in controversy to the defendant, Garrison Roberts, upon the agreement then made by him that he would pay a debt of $600 due by them to the British-American Mortgage Company and secured by a deed of trust upon said land, and would cancel a note due by the…
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ActioN beard at chambers by Guión, J., by consent, at Marshall, August 23, 1907, as of July Term, 1907, of BuN-COMBB. The plaintiffs allege in their complaint that they executed a deed, absolute in form, for the land in controversy to the defendant, Garrison Roberts, upon the agreement then made by him that he would pay a debt of $600 due by them to the British-American Mortgage Company and secured by a deed of trust upon said land, and would cancel a note due by the plaintiffs to him of $200; and, further, that the deed should operate only as a mortgage to secure tbe repayment of tbe said…
1Opinion of the Court
Walicee, J.,
after stating tbe case: There was no substantial irregularity in tbe proceedings. There may have been a slight technical deviation from the usual course in such cases, but in no respect were tbe plaintiffs prejudiced. We do not think tbe plaintiffs are entitled at this late day to reopen the account and introduce additional evidence as to tbe new credits they set up for waste and rents and profits. It was decided at tbe last term, in Williams v. McFadden, 145 N. C., 156, tbat, “in an action to enforce a vendor’s lien, where a definite indebtedness is declared and judgment there…
2Cases cited5 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Gillam v. Life Insurance Co.Supreme Court of North Carolina · 1897
- Green v. CrockettSupreme Court of North Carolina · 1839
- Williams v. Administrator of McFadyenSupreme Court of North Carolina · 1907
- Ingram v. . SmithSupreme Court of North Carolina · 1849
3Cited by7 opinions
- Baldwin v. McDonaldWyoming Supreme Court · 1916
- Pendleton v. WilliamsSupreme Court of North Carolina · 1918
- Pendleton v. . WilliamsSupreme Court of North Carolina · 1918
- McCampbell v. Valdese Building & Loan Ass'nSupreme Court of North Carolina · 1950
- Shrago v. . GulleySupreme Court of North Carolina · 1917
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