Menzel v. Hinton.
Supreme Court of North Carolina
Action by P. T. Menzel and others against C. E. & W. E. Plinton beard by Judge M. H. Justice, at December (Special) Term, 1902, of the Superior Court of Camden County. From a judgment for the defendants, the plaintiffs appealed.
1Opinion of the Court
CLARK, C. J., and DOUGLAS, J., dissenting. The Code, sec. 152(3), provides that the period prescribed for the commencement of "an action for the foreclosure of a mortgage or deed of trust for creditors with a power of sale of real property, where the mortgagor or grantor has been in possession of the property, within ten years after the forfeiture of the mortgage, or after the power of sale becomes absolute, or within ten years after the last payment on the same." We are unable to discover in this language any period of time fixed within which the mortgagee is required to execute the power of…
2Cases cited25 opinions
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Commonwealth v. BuccieriSupreme Court of Pennsylvania · 1893
- Fievel v. ZuberTexas Supreme Court · 1887
- Hardin v. BoydSupreme Court of the United States · 1885
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
20 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Graves v. . HowardSupreme Court of North Carolina · 1912
- Holmquist v. GilbertSupreme Court of Colorado · 1907
- Baca v. ChavezNew Mexico Supreme Court · 1927
- National Tailoring Co. v. ScottWyoming Supreme Court · 1948
25 more not listed; retrieve them via the Exa API.