Warren v. . Herrington
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at November Term, 1915, of CRAVEN. Tbis is a motion by defendants 0. E. and Bessie G. Herrington to remove tbis cause to Carteret County. Tbe motion was denied, and said defendants appealed.
1Opinion of the CourtBeowN, J.
Tbe basis of tbe motion is that tbis is substantially an action for the foreclosure of a mortgage of real property and that tbe lands described in tbe mortgage are situated in Carteret County. It is admitted that if it is not an action to foreclose a mortgage'tbe action is properly brought in Craven County, tbe residence of plaintiffs.
Tbe facts are that the defendant A.- 0. Newberry, -being indebted to tbe plaintiff Peoples Bank of' New Bern, executed bis promissory nóte with coplaintiff, T. D. Warren, as surety thereon, and as collateral security to this note pledged and deposited certain…
2Cases cited4 opinions
- Baber v. HanieSupreme Court of North Carolina · 1913
- Councill v. . BaileySupreme Court of North Carolina · 1910
- Connor v. Dillard.Supreme Court of North Carolina · 1901
- Max v. . HarrisSupreme Court of North Carolina · 1899
3Cited by6 opinions
- Baber v. . HanieSupreme Court of North Carolina · 1913
- Thompson v. HorrellSupreme Court of North Carolina · 1968
- Jones v. Atlantic & Western RailroadSupreme Court of North Carolina · 1927
- Carolina Mortgage Co. v. LongSupreme Court of North Carolina · 1934
- Fox Holdings, Inc. v. Wheatly Oil Co.Court of Appeals of North Carolina · 2003
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