Scott v. Lane
Supreme Court of North Carolina
Civil actior, to recover the possession of land, tried before MacRae, J., at December Term, 1890, of Guilford Superior Court.
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Civil actior, to recover the possession of land, tried before MacRae, J., at December Term, 1890, of Guilford Superior Court. The following issues were agreed on and submitted to the jury: 1. Is the plaintiff the owner and entitled to the possession of the land described in the complaint? 2. Does the defendant wrongfully withhold possession of the same from the plaintiff? 3. What damages, if any, has the plaintiff sustained ? The plaintiff offered in evidence two mortgages executed by the defendant to the Mechanics Building and Loan Association of Greensboro — on the land in controversy — the…
1Opinion of the Court
Claek, J.:
According to the defendant’s testimony, he was indebted to no one else when he executed the mortgages, and there is nothing in the pleadings and evidence to indicate that the mortgaged property had theretofore been allotted as a homestead. There was no restriction, therefore, upon the owner’s jus disponendi, and the purchaser, at the sale under the mortgage, acquired a good title as against the defendant mortgagor, subject to the contingent right of dower of the wife if she should survive him. A case exactly in point is Hughes v. Hodges, 102 N. C. 236; Ib., 262.
Upon the evidence,…
2Cases cited1 opinion
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
3Cited by8 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Dalrymple v. . ColeSupreme Court of North Carolina · 1915
- Shackelford v. Morrill.Supreme Court of North Carolina · 1906
- Brinkley v. Brinkley.Supreme Court of North Carolina · 1901
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