Banks v. Lane

Claek, O. J.

This is a petition to rehear this case, 170 N. C., 14. Tbe action was brought by R. C. Banks and wife, tbe feme plaintiff being tbe mortgagee of a tract of land embraced in tbe “Mosely Creek Drainage District,” against George B. Lane, tbe sheriff of Craven County, and George B. Pate, tbe mortgagor and owner of said tract of land, who was in possession, and the Mosely Creek Drainage District.

Tbe feme plaintiff set out her chain of title down to August, 1913, when she conveyed to George B. Pate and took from him a mortgage back to secure tbe purchase money. Her complaint averred…