P. A. Dunn & Co. v. Tillery
Supreme Court of North Carolina
Civil ActioN, tried at Spring Term, 1878, of Halifax Superior Court, before Seymour, J. R. P. Spiers was indebted in a large sum to H. J. Hervej and to secure the same, on the 1st day of January, 1875, conveyed to him by deed of mortgage a valuable tract of land. The debt consisted of two equal installments of .$2995 each payable respectively with interest at one and two years from that date.
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Civil ActioN, tried at Spring Term, 1878, of Halifax Superior Court, before Seymour, J. R. P. Spiers was indebted in a large sum to H. J. Hervej and to secure the same, on the 1st day of January, 1875, conveyed to him by deed of mortgage a valuable tract of land. The debt consisted of two equal installments of .$2995 each payable respectively with interest at one and two years from that date. The deed contained a clause conferring a power of sale on the mortgagee in default of payment of each of the installments as it fell due. Thereafter and before the first payment became due, the mortgagor…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.)' The only question before us is as to the sufficiency of the defence, and whether the defendants are exonerated from their obligation to pay rent.
A mortgagor left in possession has an undoubted right to appropriate the land and all the profits arising from its occupancy to his own use, and has a like right to lease to another and take the accruing rent. This right remains until, by some positive act, the mortgagee interferes and claims possession, or that the tenant shall account to him for the profits or for rent; The plaintiffs succeed to all the rights of…
2Cases cited1 opinion
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
3Cited by3 opinions
- Killebrew v. . HinesSupreme Court of North Carolina · 1889
- First Carolinas Joint Stock Land Bank of Columbia v. PageSupreme Court of North Carolina · 1933
- Killebrew v. . HinesSupreme Court of North Carolina · 1889