Turner v. . Boger
Supreme Court of North Carolina
Civil ActtoN by administratrix and heirs-at-law of Joseph Turner, for partition of certain lands, and sale to close mortgage on other lands belonging to the intestate, transferred from the Clerk and heard before TimberlaheJ., at February Term, 1900, of Iueubll Superior Court. The case was compromised in every particular, save one.
Read the full summary
Civil ActtoN by administratrix and heirs-at-law of Joseph Turner, for partition of certain lands, and sale to close mortgage on other lands belonging to the intestate, transferred from the Clerk and heard before TimberlaheJ., at February Term, 1900, of Iueubll Superior Court. The case was compromised in every particular, save one. The deed of trust, or mortgage,, contained the usual condh t-ions for foreclosure, and in case of sale, the following: “And out of the moneys arising from such sale, the said Martin Boger, trustee, or legal representative, shall pay the principal and interest of tbe…
1Opinion of the CourtClark, J.
In 1887 the plaintiff’s intestate executed a deed of trust to the defendant to. secure a debt to defendant’s wife, in which it is stipulated that in case sale should be made under the trust, “out of the moneys arising from such sale the said Martin Boger, trustee, or legal representative, shall pay the principal and interest of the indebtedness hereby secured, together with all legal costs and reasonable charges in executing this trust, including an attorney’s fee of 5 per cent.” After the death of the plaintiff’s intestate, an action was begun by plaintiffs for partition of certain land…
2Cases cited10 opinions
- Tinsley v. . HoskinsSupreme Court of North Carolina · 1892
- Arrington v. . GoodrichSupreme Court of North Carolina · 1886
- Hollowell v. Southern Building & Loan Ass'nSupreme Court of North Carolina · 1897
- Williams v. . RichSupreme Court of North Carolina · 1895
- D. B. Brisco & Co. v. NorrisSupreme Court of North Carolina · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stillwell Enterprises, Inc. v. Interstate Equipment Co.Supreme Court of North Carolina · 1980
- Bromhal v. StottSupreme Court of North Carolina · 1995
- Wachovia Bank & Trust Co. v. SchneiderSupreme Court of North Carolina · 1952
- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
- Pringle v. Winston-Salem Building & Loan Ass'nSupreme Court of North Carolina · 1921
14 more not listed; retrieve them via the Exa API.