Legal Opinion

Collins v. Asheville Land Co.

Supreme Court of North Carolina

Decided June 7, 1901PublishedCited by 48 opinions

AotioN by H. T. Collins, T. E. Reeves, Jobn M. McDowell, J. Ii. Wood 'and wife Carrie Wood, A. D. Oboper and R. U. Garrett, against The Asheville Land Company, heard by Judge O. II. Allen, at August Term, 1900, of the Superior Court of Bun combe Cbrunty. From a judgment for the plaintiffs, the defendant appeals.

1Opinion of the Court

The Southern Improvement Company, a duly organized corporation, received a deed in February, 1886, from J. M. Tierman to a certain piece of land, adjoining the city of Asheville, and at once executed a mortgage upon the land to The Central Trust Company, of New York, as security for certain bonds. A sale was provided for in the mortgage in case of default in the payment of interest or principal of the bonds; and it was further provided, that, until default, The Southern Improvement Company should have the full right to contract for the sale or lease, subject to the lien of the mortgage, of…

2Cases cited2 opinions

  1. Conrad v. West End Hotel & Land Co.Supreme Court of North Carolina · 1900
  2. Pearson v. AllenMassachusetts Supreme Judicial Court · 1890

3Cited by48 opinions

  1. Town of Blowing Rock v. GregorieSupreme Court of North Carolina · 1956
  2. Insurance Co. v. . Carolina BeachSupreme Court of North Carolina · 1940
  3. Oliver v. ErnulSupreme Court of North Carolina · 1971
  4. Hughes v. Clark.Supreme Court of North Carolina · 1904
  5. Sexton v. . Elizabeth CitySupreme Court of North Carolina · 1915

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