Owens v. Branning Manufacturing Co.
Supreme Court of North Carolina
Appeal by defendant from Carter, J., at Fall Term, 1914, of TteRell. Civil action to recover damages for wrongfully cutting timber on tbe lands of plaintiff.
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Appeal by defendant from Carter, J., at Fall Term, 1914, of TteRell. Civil action to recover damages for wrongfully cutting timber on tbe lands of plaintiff. There was allegation with evidence on part of plaintiff tending to show that plaintiff, owning a tract of land in said county on which there was valuable timber of pine and gum mortgaged same to one John E. Sykes, the mortgage containing power to foreclose by sale, and after-wards said Sykes sold and transferred the notes to defendant Alonzo Melson; that said Melson held the same till 1910, when he caused the property to be advertised…
1Opinion of the Court
Hoee, J.,
after stating the case: The right of foreclosure of a mortgage by sale under the provisions of the instrument and without the interposition of the court has long been recognized in this State and is, to some extent, regulated with us by our statute law. Averitt v. Elliott, 109 N. C., 560: Joyner v. Farmer, 78 N. C., 196; Revisal 1905, secs. 1040-1042 et seq.
In exercising such a right, however, the utmost degree of good faith is required, the mortgagee being looked upon as a trustee for the owner as well as the creditor, and, in applying the principle, it is very generally held that…
2Cases cited13 opinions
- Gibson v. . BarbourSupreme Court of North Carolina · 1888
- Whitehead v. . HellenSupreme Court of North Carolina · 1877
- Dyer v. ShurtleffMassachusetts Supreme Judicial Court · 1873
- Joyner v. . FarmerSupreme Court of North Carolina · 1878
- Kornegay v. . SpicerSupreme Court of North Carolina · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Mills v. . Building Loan Assn.Supreme Court of North Carolina · 1940
- Davis v. . DoggettSupreme Court of North Carolina · 1937
- Roberson v. . MatthewsSupreme Court of North Carolina · 1931
- Lockridge v. SmithSupreme Court of North Carolina · 1934
6 more not listed; retrieve them via the Exa API.