Raleigh Savings Bank & Trust Co. v. Leach
Supreme Court of North Carolina
Appeal by defendants from Daniels, J., at tbe May Term, 1915, of ■Wake. Appeal from an order allowing W. H. Pace, trustee, as commissions tbe sum of $350, bis attorney, Jobn Bousball, $25, and cost of advertising, $69.30, and tbe controversy is wholly between tbe defendants Leacb and Pace.
Read the full summary
Appeal by defendants from Daniels, J., at tbe May Term, 1915, of ■Wake. Appeal from an order allowing W. H. Pace, trustee, as commissions tbe sum of $350, bis attorney, Jobn Bousball, $25, and cost of advertising, $69.30, and tbe controversy is wholly between tbe defendants Leacb and Pace. Prior to 3 May, 1915, tbe defendant M. T. Leacb borrowed from tbe Raleigb Savings Bank and Trust Company tbe sum of $8,000, and to secure tbe payment of tbe same executed a deed of trust to tbe defendant W. H. Pace upon a storehouse and lot on tbe east side of Wilmington Street in tbe city of Raleigb.…
1Opinion of the CourtAlleN, J.
1. Did tbe court bave tbe power to fix tbe compensation of tbe trustee for executing tbe power of sale, or is tbe compensation determined by tbe stipulation in tbe deed of trust ?
It is clearly recognized in Howell v. Pool, 92 N. C., 453, tbat tbe court can determine wbat is' a reasonable allowance for services rendered by a trustee,' although tbe amount is specifically provided for in tbe deed of trust, wben the court has taken jurisdiction of tbe cause and tbe parties, and tbe sale is made under its decree; but while there are expressions in Clark v. Hoyt, 43 N. C., 222, and Duffy v. Smith,…
2Cases cited8 opinions
- In the Matter of Edward SchellNew York Court of Appeals · 1873
- Barefoot v. . MusselwhiteSupreme Court of North Carolina · 1910
- Gay v. . DavisSupreme Court of North Carolina · 1890
- Southern Railway Co. v. CooperSupreme Court of Virginia · 1900
- Boyd v. . HawkinsSupreme Court of North Carolina · 1833
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Eubanks v. . BectonSupreme Court of North Carolina · 1912
- Loftis v. . DuckworthSupreme Court of North Carolina · 1907