Legal Opinion

Carver v. . Brady

Supreme Court of North Carolina

Decided September 5, 1889PublishedCited by 4 opinions

Injunction — Mortgage—Usury—Notice. Civil action, pending in Cumberland Superior Court, and heard, upon an application for an injunction, by Gilmer, J., at May Term, 1889. The motion was by plaintiff for an injunction to prevent the defendants from selling the plaintiff’s land under mortgage, as set forth in complaint us'ed as an affidavit. The Court refused to grant the injunction, and plaintiff excepted.

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Injunction — Mortgage—Usury—Notice. Civil action, pending in Cumberland Superior Court, and heard, upon an application for an injunction, by Gilmer, J., at May Term, 1889. The motion was by plaintiff for an injunction to prevent the defendants from selling the plaintiff’s land under mortgage, as set forth in complaint us'ed as an affidavit. The Court refused to grant the injunction, and plaintiff excepted. The plaintiff insisted that the Court should restrain the defendants from selling until they had given plaintiff ninety days’ notice of their intention to foreclose. The Court refused to so…

1Opinion of the Court

Shepherd, J.:

1. “ The plaintiff insisted that the Court should restrain the defendants from selling until they had given the plaintiff ninety days’ notice of their intention to foreclose.” It has been fully settled by this Court that such notice is unnecessary. Bridgers v. Morris, 90 N. C., 32; Manning v. Elliott, 92 N. C., 48.

2. The plaintiff further insisted “ that the order of the Cpurt should restrain the defendants from collecting anything more than the principal money of his debt, because the defendants had received and reserved usurious interest, and had thereby forfeited all interest,…

2Cases cited5 opinions

  1. Simonton v. . LanierSupreme Court of North Carolina · 1874
  2. Manning v. . Elliott Bros.Supreme Court of North Carolina · 1885
  3. Purnell v. Vaughan, Barnes & Co.Supreme Court of North Carolina · 1880
  4. Cook v. . PattersonSupreme Court of North Carolina · 1889
  5. Bridgers v. W. H. Morris & SonsSupreme Court of North Carolina · 1884

3Cited by4 opinions

  1. Atkinson v. Washington & Jefferson CollegeWest Virginia Supreme Court · 1903
  2. Corey v. HookerSupreme Court of North Carolina · 1916
  3. Carter v. . SlocombSupreme Court of North Carolina · 1898
  4. Corey v. . HookerSupreme Court of North Carolina · 1916

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