Adams v. Taylor

It is not necessary to determine whether, as defendant Bank argues, it, as mortgage creditor, had merely a lien on the monies which the Highway Commission was required to pay, Liverman v. R. R., 109 N.C. 52; or, as mortgage creditor, it was required to apply the monies so paid to reduce the debt secured by the mortgage, Bonner v. Styron, 113 N.C. 30. It is sufficient for the purpose of this appeal to note that the judgment fixing the compensation required the application of that sum to plaintiff’s debt. The trustee, representing the Bank as mortgage creditor, was a party to that proceeding.…