Rogers v. . Piland
Supreme Court of North Carolina
ActioN tried before Connor, J., at April Term, 1919, of Iíektfoed. The action was brought by the plaintiffs to enjoin the sale of land, under a power contained in a mortgage to secure the sum of $2,000 with interest, which was payable in installments of $500 on 1 January, 1919, and of each succeeding year thereafter until 1 January, 1923, with interest due annually, and it was provided that in default of the payment of principal or interest when due, or any part thereof, the…
Read the full summary
ActioN tried before Connor, J., at April Term, 1919, of Iíektfoed. The action was brought by the plaintiffs to enjoin the sale of land, under a power contained in a mortgage to secure the sum of $2,000 with interest, which was payable in installments of $500 on 1 January, 1919, and of each succeeding year thereafter until 1 January, 1923, with interest due annually, and it was provided that in default of the payment of principal or interest when due, or any part thereof, the defendant (mortgagee) should have the power to sell for foreclosure. Defendant, before the maturity thereof, assigned…
1Opinion of the Court
"Walkee, J.,
after stating the case: There are only two questions raised and necessary to be considered:
1. Defendant contends that plaintiffs have sold and conveyed their equity of redemption to O. L. Joyner, and therefore cannot maintain this action. This position cannot be sustained. The deed to Joyner contains full covenants of all the usual kinds, seizin, right to convey, warranty and against encumbrances. Joyner is a party to this suit. It is stated in the record that “Joyner has not paid the full purchase price in cash, the terms for the payment of the balance on same having been made by…
2Cases cited9 opinions
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Blalock v. Clark.Supreme Court of North Carolina · 1903
- Gaylord v. . McCoySupreme Court of North Carolina · 1913
- Gallimore v. . GrubbSupreme Court of North Carolina · 1911
- Ford v. . StroudSupreme Court of North Carolina · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Miller v. . DunnSupreme Court of North Carolina · 1924
- Wade v. . LutterlohSupreme Court of North Carolina · 1928
- Ewing v. Bay Minette Land Co.Supreme Court of Alabama · 1936
- Bassett Lumber Co. v. RhyneSupreme Court of North Carolina · 1926