Whitaker v. Old Dominion Guano Co.
Supreme Court of North Carolina
Civil action to enjoin sale of realty under mortgage pending in Superior Court of Surry County. There had been made an order in the cause by Hoke, at Chambers, directing a reference to ascertain balance due on the debt and adjudging that the trustee, W. T. Purvis, is entitled to commissions provided for in deed of trust.
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Civil action to enjoin sale of realty under mortgage pending in Superior Court of Surry County. There had been made an order in the cause by Hoke, at Chambers, directing a reference to ascertain balance due on the debt and adjudging that the trustee, W. T. Purvis, is entitled to commissions provided for in deed of trust. This was “5 per cent, commissions on the sale of the whole of said land sold, as a compensation for making such sale, out of the proceeds of such sale. ” In making this order his Honor had before him a written contract executed by Whitaker and Purvis, trustee, wherein…
1Opinion of the Court
Eaikcloth, C. J.:
The plaintiff made an assignment to the defendant Purvis in trust to secure his creditors. On default the trustee advertised a sale of the property ^ on April i, 1891. After chaffering, the plaintiff and the trustee agreed to postpone the sale until December, 1891, and among other things' they agreed in writing that the plaintiff should make certain payments “and (pay) the costs and charges of advertising, etc., of the mortgage.” The trustee after-wards advertised again and the plaintiff obtained an order restraining the sale on the ground that he had paid the debt including…
2Cases cited2 opinions
- Hayes v. WilsonMassachusetts Supreme Judicial Court · 1870
- Pass v. . BrooksSupreme Court of North Carolina · 1896
3Cited by3 opinions
- Turner v. . BogerSupreme Court of North Carolina · 1900
- Pringle v. Winston-Salem Building & Loan Ass'nSupreme Court of North Carolina · 1921
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