Legal Opinion

Scott v. Blades Lumber Co.

Supreme Court of North Carolina

Decided February 26, 1907PublishedCited by 15 opinions

Civil actioN, tried before Shaw, J., and a jury, November Term, 1906, Superior Court of Obaveot County. Upon intimation of tbe Court that be would charge tbe jury to answer tbe issues in favor of tbe defendant, if they believed tbe evidence, tbe plaintiff submitted to a nonsuit, and appealed.

1Opinion of the CourtOlabe, C. J.

Stephen Scott, in June and July, 1888, executed to P. M. Barber two mortgages falling due five years thereafter, with power of sale in Barber, “bis executors and assigns,” upon default. Barber died domiciled in Pennsylvania in 1891, leaving a will appointing executors also residing in that State, where tbe will was proved, and tbe executors qualified there. They have never qualified nor taken out letters in this State, and tbe will was not proved or recorded here until after tbe commencement of this action. Tbe executors, on 23 November, 1896, executed a deed for tbe mortgaged premises and…

2Cases cited1 opinion

  1. Menzel v. Hinton.Supreme Court of North Carolina · 1903

3Cited by15 opinions

  1. Hall v. . R. R.Supreme Court of North Carolina · 1907
  2. Duval v. . R. R.Supreme Court of North Carolina · 1904
  3. Cannon v. . CannonSupreme Court of North Carolina · 1947
  4. Perkins v. SwainIdaho Supreme Court · 1922
  5. Hall v. Southern Railway Co.Supreme Court of North Carolina · 1907

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