Southerland v. . Merritt
Supreme Court of North Carolina
Civil actioN, for the recovery of land, tried before Coble, J., at December Term, 1896, of DupliN Superior Court, on petition of defendant for allowance for betterments. His Honor denied the motion, setting out in his judgment the judgment rendered at December Term, 1895, of said court by Timberlake, J., from which the facts involved can be gathered.
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Civil actioN, for the recovery of land, tried before Coble, J., at December Term, 1896, of DupliN Superior Court, on petition of defendant for allowance for betterments. His Honor denied the motion, setting out in his judgment the judgment rendered at December Term, 1895, of said court by Timberlake, J., from which the facts involved can be gathered. The latter judgment was as follows: “This cause coming on to be heard before his Honor, E. W. Timberlake, J., and a jury, and the jury having found that the balance due on the mortgage debt is fifty and 56-100 dollars and that the annual rental…
1Per curiam
The defendant was mortgagee and bought at his own sale. He is fixed with legal notice of the defect in his title and is not entitled to betterments. Hall v. Lewis, 118 N. C., 509.
Affirmed.
2Cases cited1 opinion
- Hall v. . LewisSupreme Court of North Carolina · 1896
3Cited by4 opinions
- Rogers v. . TimberlakeSupreme Court of North Carolina · 1943
- Alston v. . ConnellSupreme Court of North Carolina · 1907
- Hinton v. . WestSupreme Court of North Carolina · 1936
- Hinton v. WestSupreme Court of North Carolina · 1936