Legal Opinion · Dissent

James v. . Withers

Supreme Court of North Carolina

Decided May 29, 1900PublishedCited by 3 opinions

Civil ActioN to enjoin the sale oí land by the trustee named in a deed of trust, on the ground that there was no necessity for the sale, as the debt secured had been adjusted, heard before Shaw, J., at Fall Term, 1899, of the Superior Court of StoKes County.

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Civil ActioN to enjoin the sale oí land by the trustee named in a deed of trust, on the ground that there was no necessity for the sale, as the debt secured had been adjusted, heard before Shaw, J., at Fall Term, 1899, of the Superior Court of StoKes County. From the decree directing a, sale by the trustee, E. S. Withers, defendant, the plaintiffs appealed. ■ The case is one of some complexity, but is fully elucidated in the opinions rendered now and at February Term, 1894, reported in. 114 N. C., 474.

1DissentClark, J.

From the decree directing a sale by the trustee, E. S. Withers, defendant, the plaintiffs appealed.

The case is one of some complexity, but is fully elucidated in the opinions rendered now and at February Term, 1894, reported (716) in 114 N.C. 474. C. W. James, the plaintiff's ancestor, on 20 July, 1892, conveyed a tract of land and certain personal property to James L. Grogan at the price of $2,350, and the purchaser and his wife executed a deed of trust upon the property to secure the notes which were given by Grogan for the purchase money. After the death of the grantor, Grogan conveyed his…

2Cases cited1 opinion

  1. James v. . WithersSupreme Court of North Carolina · 1894

3Cited by3 opinions

  1. Parker v. . PorterSupreme Court of North Carolina · 1935
  2. Alexander v. GallowaySupreme Court of North Carolina · 1954
  3. Scott v. . HarrisonSupreme Court of North Carolina · 1940

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