Parker v. . Beasley
Supreme Court of North Carolina
Civil action, tried at Spring Term, 1894, of Hertford Superior Court, before The defendants J. N, 'Beasley and wife, Mary A. Beasley, borrowed money and gave their promissory note for the same, payable to N. E. Beale, on January 1, 1890, and executed a mortgage, duly probated and recorded, on a certain tract of land belonging to said Mary to said N. E. Beale, to secure the payment of their said note, with the usual power of sale in case of default in such payment, and on the…
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Civil action, tried at Spring Term, 1894, of Hertford Superior Court, before The defendants J. N, 'Beasley and wife, Mary A. Beasley, borrowed money and gave their promissory note for the same, payable to N. E. Beale, on January 1, 1890, and executed a mortgage, duly probated and recorded, on a certain tract of land belonging to said Mary to said N. E. Beale, to secure the payment of their said note, with the usual power of sale in case of default in such payment, and on the 14th of April, 1891, said Beale assigned the note to the plaintiff. On the 28th of October, 1891, Beale, the mortgagee,…
1Opinion of the Court
(CLARK, J., dissents, arguendo, in which MONTGOMERY, J., concurs.) A makes a promissory note to B for borrowed money payable on a day certain, and to secure it he and his wife give B a mortgage on land, duly registered, and the money is used in improving the mortgaged premises. After maturity of the debt and before any sale or foreclosure proceedings begun, the mortgagor tenders to the mortgagee the amount then due principal, interest and costs then incurred, and the mortgagee refuses to accept the tender and surrender his note and mortgage. Does this tender discharge the lien on the…
2Cases cited13 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Bissell v. HeywardSupreme Court of the United States · 1878
- Capehart v. . BiggsSupreme Court of North Carolina · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Masser v. the London Operating Co.Supreme Court of Florida · 1932
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Murray v. O'BrienWashington Supreme Court · 1909
- Ingold v. Phoenix Assurance Co.Supreme Court of North Carolina · 1949
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
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