Phillips v. . Holmes
Supreme Court of North Carolina
Civil ACTION for damages for a breach of covenant, tried on a motion to change the venue, at Spring Term, 1874, of Car-teret Superior Court, before his Honor Judge Olarhe. At the return term of the summons the plaintiffs complained, &c.: 1st. That on the 6th day of June, 1870, they executed a deed to the defendant by which they mortgaged to him a piece of land to secure a debt in said mortgage recited, of $1,670, which land lies in Rowan county : 2d.
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Civil ACTION for damages for a breach of covenant, tried on a motion to change the venue, at Spring Term, 1874, of Car-teret Superior Court, before his Honor Judge Olarhe. At the return term of the summons the plaintiffs complained, &c.: 1st. That on the 6th day of June, 1870, they executed a deed to the defendant by which they mortgaged to him a piece of land to secure a debt in said mortgage recited, of $1,670, which land lies in Rowan county : 2d. That by said deed it was provided, that upon failure by the plaintiffs to pay the said debt, the defendant should have the right to foreclose…
1Opinion of the Court
ByNüm, J.
The place of trial of civil proceedings is fixed by C. C. P., secs: 66, 69. Section 66 provides: “ That actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated subject to the power of the Court to change the place of trial in the cases provided in this Code.
1. For the recovery of real property or of an estate or interest therein, or for the determination in any form of such right or interest and for injuries to real property.
2. For the partition of real property;
3. For the foreclosure of a mortgage of real…
2Cited by1 opinion
- Eames v. Armstrong.Supreme Court of North Carolina · 1904