Parker v. . Banks
Supreme Court of North Carolina
Civil ActioN, tried at Spring Term, 1878, of Perquimans, ‘Superior Court, before Furches, J. This action was brought on the 2d of July, 1877, to re•cover possession of a tract of land, and the facts stated in •the case agreed are as follows Previous to 1868, T. F. Banks was seized in fee and in actual possession of a tract of land in Perquimans county ■containing 960 acres.
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Civil ActioN, tried at Spring Term, 1878, of Perquimans, ‘Superior Court, before Furches, J. This action was brought on the 2d of July, 1877, to re•cover possession of a tract of land, and the facts stated in •the case agreed are as follows Previous to 1868, T. F. Banks was seized in fee and in actual possession of a tract of land in Perquimans county ■containing 960 acres. On the 10th of January, 1868, David Parker became the owner of the same by purchase at execution sale and took a deed from the sheriff. On the 16th •of December, 1868, Parker at the request of Banks sold the land to C. C.…
1Opinion of the Court
ByNüm, J.
The mortgagor in possession sold and con veyed to his tenant, also in possession, the mortgage having been duly registered prior to the sale by the mortgagor. It is insisted that the purchaser having continued in possession for seven years after his purchase before the beginning of this action is protected by the statute of limitations against this action by the assignee of the mortgagee.
It is well settled that the mortgagor is the tenant of the mortgagee, and therefore that his possession is not hostile or adverse to the mortgagee; nor can the mortgagor make any lease or contract…
2Cases cited4 opinions
- Jackson Ex Dem. Bradstreet v. HuntingtonSupreme Court of the United States · 1831
- Munn v. BurgesIllinois Supreme Court · 1873
- Perkins v. PittsMassachusetts Supreme Judicial Court · 1814
- Doe Ex Dem McLennan v. McLeodSupreme Court of North Carolina · 1874
3Cited by38 opinions
- Snowden v. . BellSupreme Court of North Carolina · 1912
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
- Whittington v. FlintSupreme Court of Arkansas · 1884
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Davis v. Keen.Supreme Court of North Carolina · 1906
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