Cone v. Hyatt.
Supreme Court of North Carolina
Action by Moses C. Cone against J. L. Hyatt and others, heard by Judge W. A. TIolce and a jury, at December Term, 1902, of the Superior Court of TaNOBt County. This action was brought by the plaintiff against the defendant to recover certain lands described in the pleadings.
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Action by Moses C. Cone against J. L. Hyatt and others, heard by Judge W. A. TIolce and a jury, at December Term, 1902, of the Superior Court of TaNOBt County. This action was brought by the plaintiff against the defendant to recover certain lands described in the pleadings. All of the parties claimed under J. W. Young who, with his wife, on the 8th day of September, 1885, executed a deed of trust to O. E. Graham for the land to secure a debt due to the plaintiff of $1,800, which was evidenced by two notes, one for $800, payable in twelve months, and the other for $1,000, payable in eighteen…
1Opinion of the Court
Walker, J.,
after stating the case. We have held at this term in Minzel v. Hinton that the Statute of Limitations does not apply to a power of sale contained in a mortgage or deed of trust, when the deed is foreclosed, not in an action brought for that purpose, but simply by the mortgagee or trustee executing the power of sale. The statute was intended to apply only to actions or suits, and this is apparent from the very language of the law. In a case where it became necessary to decide whether a sale under a power was a suit or an action within the meaning of a statute, it was held that “a…
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