Potts v. . Blackwell
Supreme Court of North Carolina
Petition to rehear a decree passed, in this canse, at the last term of this Court, Jones’ Eq. vol. 3, p. 449. The whole facts of the case being set out in the report of the case as formerly heard, it is not deemed necessary to restate them here. This case being an important one, and apprehending that some points did not attract sufficient consideration on the former argument, I have ventured, on behalf of the plaintiffs, to to ask the Court to re-examine its conclusions.
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Petition to rehear a decree passed, in this canse, at the last term of this Court, Jones’ Eq. vol. 3, p. 449. The whole facts of the case being set out in the report of the case as formerly heard, it is not deemed necessary to restate them here. This case being an important one, and apprehending that some points did not attract sufficient consideration on the former argument, I have ventured, on behalf of the plaintiffs, to to ask the Court to re-examine its conclusions. I submit the following propositions: 1st. A mortgagee or assignee in trust, who takes a mortgage or assignment, without…
1Opinion of the Court
'Battle, J.
In the argument, on the petition to re-hear the decree which was made in this cause at the last term, it is contended by the plaintiffs’ counsel, that the Court erred in the conclusion to which it came, and that such error will be shown by the establishment of the five following propositions :
1. A mortgagee or assignee in trust, who takes a mortgage or assignment, without giving any new consideration, but simply as a security for a pre-existing debt, is not a purchaser for value, within the statute of 27th Elizabeth, (Rev. Code, ch. 50, sec. 2.)
2. Such a mortgagee, or assignee,…
2Cited by11 opinions
- Abernathy v. . R. R.Supreme Court of North Carolina · 1908
- Cowan v. DaleSupreme Court of North Carolina · 1925
- Abernathy v. South & Western Railway Co.Supreme Court of North Carolina · 1908
- Bank of Colerain v. CoxSupreme Court of North Carolina · 1916
- Fowle v. . McLeanSupreme Court of North Carolina · 1915
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