Mauney v. Hamilton.
Supreme Court of North Carolina
ActioN by V. Mauney against E. B. Hamilton and others, heard by Judge Walter I~I. Neal, and a jury, at December Term, 1902, of the Superior Court of Stanly County. From a judgment for the defendant, but from a refusal to submit issues to his counterclaim, he appealed.
1Opinion of the CourtConnor, J.
In this action the defendant E. B. Hamilton in his answer alleged, by way of equitable counterclaim upon which he asked for affirmative relief, that the debt claimed against him, to-wit, the judgment for $180.00 is the balance of a note given to the plaintiff by said Hamilton for $400.00 which was secured by a mortgage containing a power of sale on certain real estate therein described; that the mortgage has never been foreclosed; that the plaintiff pretended to sell the land under his mortgage but that said sale was only color-able ; that the plaintiff bid off and bought the land at his own…
2Cases cited5 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Jones v. . BeamanSupreme Court of North Carolina · 1895
- Woody v. . Jordan .Supreme Court of North Carolina · 1873
- Blackwell Durham Tobacco Co. v. McElweeSupreme Court of North Carolina · 1886
- Shankle v. Whitley.Supreme Court of North Carolina · 1902
3Cited by6 opinions
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Cook v. . CookSupreme Court of North Carolina · 1912
- Shakespeare v. Caldwell Land & Lumber Co.Supreme Court of North Carolina · 1907
- Bank of Commerce & Trusts v. McArthurDistrict Court, E.D. North Carolina · 1919
- Cook v. . CookSupreme Court of North Carolina · 1912
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