McCaskill v. . McKinnon
Supreme Court of North Carolina
This was a motion by plaintiff under Section 440 of Hie Code for leave to issue execution, heard before Coble, J., at Chambers, on appeal from a judgment of the Clerk of the Superior Court of Richmond County.
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This was a motion by plaintiff under Section 440 of Hie Code for leave to issue execution, heard before Coble, J., at Chambers, on appeal from a judgment of the Clerk of the Superior Court of Richmond County. The action was brought to Fall (September) Term, 1886, of the Superior Court of Richmond County, N. C., the Summons in which was served September 3rd, 1886. At said Fall (September) Term, 1886, the complaint was filed, from which it appears that the action was brought to recover from defendants an indebtedness°of $3,000.00 and interest due by their joint note, secured by mortgage deed…
1Opinion of the Court
Clark, J.:
Judgment was rendered at September Term, 188(5, in favor of the plaintiff against the defendant to recover the sum of $3,000 and interest and decreeing the foreclosure of the mortgage which had been executed to secure the debt. At June Term, 1887, the Commissioner appointed under the decree of foreclosure made his report which was confirmed and he was directed to credit the aforesaid judgment with the sum of $1,500 realized at the foreclosure sale and to make title to the purchaser.
This was a motion under Section 440 of The Code for leave to issue execution, made before the Clerk of…
2Cases cited5 opinions
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- Ledbetter v. . PinnerSupreme Court of North Carolina · 1897
- McDonald v. . DicksonSupreme Court of North Carolina · 1882
- Williams v. . MullisSupreme Court of North Carolina · 1882
- Hughes v. . BooneSupreme Court of North Carolina · 1894
3Cited by7 opinions
- Olson v. DahlSupreme Court of Minnesota · 1906
- City of Harper v. DanielsCourt of Appeals for the Eighth Circuit · 1914
- Davis v. . PierceSupreme Court of North Carolina · 1914
- Williams v. . MaxwellSupreme Court of North Carolina · 1898
- Heyer v. Rivenbark.Supreme Court of North Carolina · 1901
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