Bennett v. . Williamson
Supreme Court of North Carolina
AotioN of EJECTMENT, tried before Manly, J., at the Spring Terra, 1858, of Sampson county. The title of the lessor of the plaintiff depended upon possession for seven years, under a mortgage deed, the debt secured by which, had, as alleged by the defendant, been satisfied.
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AotioN of EJECTMENT, tried before Manly, J., at the Spring Terra, 1858, of Sampson county. The title of the lessor of the plaintiff depended upon possession for seven years, under a mortgage deed, the debt secured by which, had, as alleged by the defendant, been satisfied. The point in question was, whether the mortgage had been satisfied, and the Court charged the jury, that if there was seven years’ possession, under an unsatisfied mortgage, the plaintiff was entitled to recover, otherwise, he was not The plaintiff excepted. Yerdict for the defendant. Judgment and appeal by the plaintiff.
1Opinion of the CourtBattle, J.
It is not distinctly stated in the bill of exceptions, that the defendant was the mortgagor, and from th-e •manner in which the case was submitted to the jury, we infer ■that he was not. Taking him then to be a stranger, we do not perceive any reason why the plaintiff’s lessor, who was a mortgagee, should not recover by virtue of a seven years’possession, whether the mortgage debts were, or were not, satisfied. If they were not satisfied, then 1ns recovery would be for his own benefit; but if they were satisfied, then he would recover the legal title ; holding it, however, as trustee for the…
2Cited by1 opinion
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