Ray v. . Pearce
Supreme Court of North Carolina
Special PROCEEDING to sell land for assets commenced before the clerk, and tried at Fall Term, 1880, of CuM-berlaND Superior Court, before Avery, J. The plaintiff, administrator of J. W. Pearce, in his application for a decree of sale of the land of his intestate for the payment of debts, specifies among others a tract known as the “ Pearce Mill Place,” of an undivided moiety of which he alleges the intestate to have been seized and possessed at the time of his death, and…
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Special PROCEEDING to sell land for assets commenced before the clerk, and tried at Fall Term, 1880, of CuM-berlaND Superior Court, before Avery, J. The plaintiff, administrator of J. W. Pearce, in his application for a decree of sale of the land of his intestate for the payment of debts, specifies among others a tract known as the “ Pearce Mill Place,” of an undivided moiety of which he alleges the intestate to have been seized and possessed at the time of his death, and which descended to the defendants, his children and heirs at law. The defendants deny the allegation and set up title in…
1Opinion of the Court
'Smith, 0/J.
The equitable right to have the legal estate restored upon payment of the encumbering debt remained in «Clarissa, the mortgagor, after the making of her deed and after default, and such paymeut is presumed from the lapse of time since forfeiture, or the last payment reduced to ten years under the statute. Rev. Code, eh. G5, § 19. More than thirty years had passed since the forfeiture, and nearly that period since the last known payment on the secured debt, during which and for the residue of her life the mortgagor remained in the possession and use of the land without interruption…
2Cases cited3 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Roberts v. . RobertsSupreme Court of North Carolina · 1880
- Ryan v. . McGeheeSupreme Court of North Carolina · 1880
3Cited by12 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- Ownbey v. . Parkway Properties, Inc.Supreme Court of North Carolina · 1942
- Beekman v. HamlinOregon Supreme Court · 1890
- Edwards v. . TiptonSupreme Court of North Carolina · 1881
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