Weathersbee v. . Farrar
Supreme Court of North Carolina
Civil action, heard upon exceptions to the report of a referee, by Shepherd, Judge, at Spring Term, 1886, of Edge-cojibe Superior Court.
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Civil action, heard upon exceptions to the report of a referee, by Shepherd, Judge, at Spring Term, 1886, of Edge-cojibe Superior Court. The plaintiff Weathersbee, on January 1st, 1882, being indebted to the defendant, Farrar, in the sum of $1,051.50, and desiring to raise a further sum to meet other liabilities, and to cany on fanning operations during that year, executed his note to the latter, in the sum of $3,500, and gave a mortgage to secure the sum, and provide for its payment at maturity, in which is conveyed the crop to be grown on the land, with the stock and agricultural implements…
1Opinion of the Court
Sjíith, C. J.,
(after stating the facts). Out of these facts arise the questions of law which alone are open for revision on the appeal; and, without considering them separately in detail, we will endeavor to extract the substance, and dispose of them all.
The present action, begun on September 28th, 1883, by Weathersbee, the grantor, and the trustee and/eme creditor secured in the last deed, against Farrar, the mortgagee, has for its object the taking of an account of the administration of the trust funds in his hands; and the recovery of whatever excess there may be, after discharging the…
2Cases cited3 opinions
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Towles v. . FisherSupreme Court of North Carolina · 1877
- Loftin v. . CrosslandSupreme Court of North Carolina · 1886
3Cited by9 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Rich v. . MoriseySupreme Court of North Carolina · 1908
- Wells v. . BattsSupreme Court of North Carolina · 1893
- Inland Trading Co. v. EdgecombeWashington Supreme Court · 1910
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