Purnell v. Vaughan, Barnes & Co.
Supreme Court of North Carolina
MotioN for an injunction heard at Spring-Term, 1878, of NORTHAMPTON Superior Court, before Seymour, J. The plaintiff being indebted to the defendants in the sum of $1,504.91, to secure the same and to provide for supplies in money and articles needed to carry on his farming operations, to be furnished by the defendants, and in the aggregate not to exceed $4,000, for which sum he gave them his promissory note payable on the 1st of December, 1876, on the 27th of January…
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MotioN for an injunction heard at Spring-Term, 1878, of NORTHAMPTON Superior Court, before Seymour, J. The plaintiff being indebted to the defendants in the sum of $1,504.91, to secure the same and to provide for supplies in money and articles needed to carry on his farming operations, to be furnished by the defendants, and in the aggregate not to exceed $4,000, for which sum he gave them his promissory note payable on the 1st of December, 1876, on the 27th of January preceding, executed to them a mortgage giving a lien on the crops to be made, under the statute and conveying a large and…
1Opinion of the CourtSmith, C. J.
(After stating the ease). The only question presented in the record and which we are called on to consider is this: Can the plaintiff after prosecuting his suit thus far, against the will of the defendants, dismiss his action, or in the language of a court of law, take a non suit? We think it too late to do so.
The scope of the plaintiff’s equity to ask the intervention of the court embraces the taking an account of their mutual dealings in order to ascertain the amount due and the postponement of the proposed sale until this can be done; and then the allowance of a reasonable time to redeem;…
2Cases cited3 opinions
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
- Pescud v. . HawkinsSupreme Court of North Carolina · 1874
- Tate v. . PhillipsSupreme Court of North Carolina · 1877
3Cited by12 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Haddock v. StocksSupreme Court of North Carolina · 1914
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