Jones v. . Williams
Supreme Court of North Carolina
Appeal from Whedbee, J., at tlie November Term, 1910, of DupliN. Tbis action was brought by the plaintiff to foreclose a mortgage on a tract of land., containing originally 245 acres, executed to him by the defendants, Rufus Branch and wife, to secure a debt of $379.50 therein described.
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Appeal from Whedbee, J., at tlie November Term, 1910, of DupliN. Tbis action was brought by the plaintiff to foreclose a mortgage on a tract of land., containing originally 245 acres, executed to him by the defendants, Rufus Branch and wife, to secure a debt of $379.50 therein described. The other defendant, Fred Martin, trading under the name and style of E. J. Martin & Son, was made a party, as Rufus Branch and wife had also mortgaged tbe land to bim and be bad assigned bis notes and mortgages to bis co-defendant, A. F. "Williams. Tbe following facts appear in tbe case: Summons was issued…
1DissentOlabk, C. J.
It has always been held for law in this State that a purchaser at a sale under a second mortgage acquires the property subject to the lien of the first mortgage. But that the purchaser at a sale under the first mortgage acquires the property absolutely free from the liens of subsequent mortgages. Purchasers at such sales are required therefore to examine only for prior encumbrances not as to subsequent ones.
In Gambrill v. Wilcox, 111 N. C., 42, it was held that the purchaser at the execution sale under a junior docketed judgment acquires the property subject to the lien of prior docketed…
2Cases cited7 opinions
- W. F. Kornegay & Co. v. Farmers & Merchants' Steamboat Co.Supreme Court of North Carolina · 1890
- Lookout Lumber Co. v. Mansion Hotel & Belt Railway Co.Supreme Court of North Carolina · 1891
- Gammon v. . JohnsonSupreme Court of North Carolina · 1900
- Baruch v. . LongSupreme Court of North Carolina · 1895
- G A. Gambrill Manufacturing Co. v. WilcoxSupreme Court of North Carolina · 1892
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