McLarty v. . Urquhart
Supreme Court of North Carolina
Appeal from W. B. Allen, J., at the August Term, 1910, of UNION. Action to foreclose a mortgage or deed in trust. The defendant excepted to the decree of foreclosure as to certain particulars and appealed.
1Opinion of the CourtBrown, J.
The only question presented is, whether an action to foreclose a mortgage of realty, containing a power of sale, the court must follow the terms contained in the power, in making an order of sale, or can the court, in the exercise of its equitable jurisdiction, determine the terms of sale and the manner of advertising in accordance with the practice and procedure of the court?
The mortgage provides, in case of default, that the mortgagee may sell after thirty days’ advertisement in a newspaper published in Union County, and in the New York Herald, published in New York City. Instead of…
2Cases cited4 opinions
- Kidder v. . McIlhennySupreme Court of North Carolina · 1879
- Whitehead v. . HellenSupreme Court of North Carolina · 1877
- Capehart v. . BiggsSupreme Court of North Carolina · 1877
- Manning v. . Elliott Bros.Supreme Court of North Carolina · 1885
3Cited by7 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Dixon v. . OsborneSupreme Court of North Carolina · 1931
- Lasley v. . ScalesSupreme Court of North Carolina · 1920
- Southern National Bank v. Germania Manufacturing Co.Supreme Court of North Carolina · 1918
- In Re Estate of SmithSupreme Court of North Carolina · 1931
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