Gore v. . Davis
Supreme Court of North Carolina
Civil ActioN for foreclosure of laud mortgage, tried before Timberlalce, J., at January Term, 1899, of New HaN-ov.ee County. Demurrer filed. Overruled. No answer. Judgment. Exception and appeal. The case is sufficiently stated in the opinion.
1Opinion of the CourtClare, J.
The note sued on was dated 19th October, 1897, and payable three years after date, bnt the interest was made “due and payable semi-annually.” The mortgage to secure the note specified, “if default shall be made in payment of said bond or the interest on the same, or any part of either at maturity,” the creditor could proceed to sell the land and out of proceeds of sale “pay said bond and interest on the same.” The defendant failed to pay the interest which fell due 19 th April, 1898. By the conditions of the mortgage the principal and interest became due. The demurrer of the defendant, that…
2Cases cited5 opinions
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Barbee v. . ScogginsSupreme Court of North Carolina · 1897
- Whitehead v. . MorrillSupreme Court of North Carolina · 1891
- Kitchin v. GrandySupreme Court of North Carolina · 1888
- Kiger v. . HarmonSupreme Court of North Carolina · 1893
3Cited by13 opinions
- Eubanks v. BectonSupreme Court of North Carolina · 1912
- Sanderlin v. CrossSupreme Court of North Carolina · 1916
- Sanderlin v. . CrossSupreme Court of North Carolina · 1916
- Miller v. MarrinerSupreme Court of North Carolina · 1924
- Miller v. . MarrinerSupreme Court of North Carolina · 1924
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