Johnson v. . Loftin
Supreme Court of North Carolina
This was a civil ACTION, heard at Lenoib, County Superior Court at May Term, 1892, before Winston, J. The action was brought asking for an account between plaintiffs and defendants, and asking that the plaintiffs be allowed to redeem the lands specified in the complaint in the action upon the payment to the defendant S. H. Loftin of the money actually received from him. by the plaintiffs.
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This was a civil ACTION, heard at Lenoib, County Superior Court at May Term, 1892, before Winston, J. The action was brought asking for an account between plaintiffs and defendants, and asking that the plaintiffs be allowed to redeem the lands specified in the complaint in the action upon the payment to the defendant S. H. Loftin of the money actually received from him. by the plaintiffs. The said tract of land, as stated by the plaintiffs in their complaint, was mortgaged by the plaintiffs M. A. C. O. Johnson and S. A. Cox, on November 30, 1888, to the defendant S. H. Loftin, to secure the…
1Opinion of the Court
Clark:, J.:
The report of the referee was filed and confirmed at November Term, 1891. The exception thereto and motion to recommit the report for an additional finding of fact at May Term, 1892, were too late as a matter of right, and could only have been allowed as a matter of discretion. The refusal of the Court was therefore not reviewable. McNeill v. Hodges, 105 N. C., 52.
The other three exceptions were to the report of sale, but were unsupported by anything appearing in the record or ■otherwise. The Court overruled these exceptions and found that the commissioner was not a party to nor…
2Cases cited8 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Skinner v. . TerrySupreme Court of North Carolina · 1890
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- Patrick v. Richmond & Danville RailroadSupreme Court of North Carolina · 1885
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