Cole v. . Boyd

The plaintiffs, as the jury find, are the heirs at law of Tony Cole, who died intestate in December, 1906, seized and possessed of a tract of 185 acres near Hamlet, N.C. which he had mortgaged in sundry mortgages to the defendant Boyd. While this relation of mortgagor and mortgagee existed, Boyd obtained a fee-simple deed from Cole for 100 acres of the land covered by the mortgages. Boyd sold 10 acres of the land which he held under mortgage from Cole to his codefendant, Gordon, who purchased from mortgagee with notice of the mortgage. These facts are admitted in the answer by the defendants.

T…