New Bern Cotton Oil & Fertilizer Co. v. Lane
Supreme Court of North Carolina
Civil aotioN, tried at November Term, 1916, of ObaveN, before Lyon, J. The court sustained a motion to nonsuit plaintiff on its cause of action and directed a verdict for the Fort Barnwell Company on its counterclaim. From the judgment rendered, the plaintiff appealed.
1Opinion of the CourtBeowN, J.
The plaintiff sues to foreclose a mortgage executed by defendant M. D. Lane, 12 July, 1911, to secure $3,500, evidenced by seven notes of $500 each, indorsed by J. W. Lane, three of which remain due and unpaid. The mortgage was recorded 24 April, 1915. Some time prior to the registration of the mortgage the lands secured therein were conveyed to the defendant the Fort Barnwell Company for the recited consideration of $5,000. At that date the property conveyed was subject to several outstanding incumbrances. The deed was recorded 8 May, 1913. It appears in the evidence that at the time of the…
2Cases cited2 opinions
- Wood v. . LeweySupreme Court of North Carolina · 1910
- Harris v. Dudley Lumber Co.Supreme Court of North Carolina · 1908
3Cited by16 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Turner v. . GlennSupreme Court of North Carolina · 1942
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Blacknall v. . HancockSupreme Court of North Carolina · 1921
- Cowan v. DaleSupreme Court of North Carolina · 1925
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