Legal Opinion

Averett v. . Ward

Supreme Court of North Carolina

Decided June 5, 1853PublishedCited by 4 opinions

The bill in this cause was filed at Fall Term, 1844, of the Court of Equity for Onslow county. It alleged that, one Richard Ward, in the year 1823, had made a mortgage of certain parcels of land, describing them, lying in Qrislow county, to the plaintiff’s intestate, for the purpose of securing to the said intestate a debt evidenced by a bond of the same date, payable twenty years thereafter; that the mortgagor remained in possession until his death, and then devised the…

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The bill in this cause was filed at Fall Term, 1844, of the Court of Equity for Onslow county. It alleged that, one Richard Ward, in the year 1823, had made a mortgage of certain parcels of land, describing them, lying in Qrislow county, to the plaintiff’s intestate, for the purpose of securing to the said intestate a debt evidenced by a bond of the same date, payable twenty years thereafter; that the mortgagor remained in possession until his death, and then devised the land to the defendant George J. Ward, who is still in possession. It then charges that the debt is still due, and prays for…

1Opinion of the Court

Nash, 'C. J.

The bill is filed by a mortgagee to foreclose an equity of redemption, or for the sale of the premises. The state ments of the bill and those of the answer show a clear original right to the relief sought. The answer, however, insists upon the length of time which elapsed since the execution of the mortgage deed, and also upon the alleged drunkenness of the mortgagor at the time of the execution of the mortgage deed. If this latter defence had been so 'stated in the answer as to amount to a defence, it. is entirely unsupported by any proof. As to the first, it cannot avail the…

2Cited by4 opinions

  1. McGowan v. DavenportSupreme Court of North Carolina · 1904
  2. McGowan v. . DavenportSupreme Court of North Carolina · 1904
  3. Geitner v. . JonesSupreme Court of North Carolina · 1917
  4. McGowan v. DavenportSupreme Court of North Carolina · 1904

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