Parrott v. . Hardesty
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at tbe May Term, 1915, of CRAVEN. Action to recover land. Prior to 27 August, 1892, B. B. Mallison was tbe owner of tbe land in controversy, and on that day be conveyed tbe same to Tbe Meadows Company by mortgage deed, to secure a debt therein set forth. On 1 January, 1906, tbe plaintiff and bis brother obtained a judgment against said Mallison which was duly docketed in tbe county where tbe land is situate.
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Appeal by defendant from Connor, J., at tbe May Term, 1915, of CRAVEN. Action to recover land. Prior to 27 August, 1892, B. B. Mallison was tbe owner of tbe land in controversy, and on that day be conveyed tbe same to Tbe Meadows Company by mortgage deed, to secure a debt therein set forth. On 1 January, 1906, tbe plaintiff and bis brother obtained a judgment against said Mallison which was duly docketed in tbe county where tbe land is situate. On 10 February, 1908, tbe said Mallison executed a deed to tbe defendant Mary F. Hardesty, purporting to convey said land, and on 10 February, 1908,…
1Opinion of the CourtAllen, J.
When the plaintiff procured bis judgment tbe defendant therein was tbe owner of tbe equity of redemption in tbe land, and this was tbe subject of sale under execution. S. v. Pool, 27 N. C., 105; Mayo v. Staton, 137 N. C., 670. The deed of the sheriff made pursuant to'the sale passed this equity of redemption to tbe plaintiff, and was sufficient to enable tbe plaintiff to maintain bis action to recover possession of tbe land against tbe mortgagor, and tbe position of tbe defendant, wbo is tbe .assignee of tbe mortgagor, is no better tban bis. Davis v. Evans, 27 N. C., 532; Black v. Justice, 86…
2Cases cited8 opinions
- Williams v. . TeacheySupreme Court of North Carolina · 1881
- Dameron v. . EskridgeSupreme Court of North Carolina · 1889
- Weil v. DavisSupreme Court of North Carolina · 1915
- Black v. . JusticeSupreme Court of North Carolina · 1882
- Morton v. Blades Lumber Co.Supreme Court of North Carolina · 1907
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3Cited by1 opinion
- Miller v. . LittleSupreme Court of North Carolina · 1937