Ferebee v. . Sawyer
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at December Special Term, 1913, of CamdeN. Civil action to recover a tract of land.
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Appeal by plaintiff from Ferguson, J., at December Special Term, 1913, of CamdeN. Civil action to recover a tract of land. Plaintiff claimed title under a deed from Calvin Upton and J. M. Cartwright, made pursuant to a foreclosure sale under and by virtue of a mortgage with power of sale executed by defendant W. E. Sawyer and wife to plaintiff’s grantors, dated 14 December, 1909. Defendant resisted recovery on tbe grounds set up by answer, that no valid foreclosure of said mortgage bad been made, in tbat tbe sale was not properly advertised as “provided by tbe trust or by law.” (2) Tbat tbe…
1Opinion of the Court
Hoke, J.,
after stating the case: In foreclosure proceedings, under power of sale, our decisions hold, and they are in accord with doctrine generally prevailing elsewhere, that the requirements of the statute and of the contract stipulations of the instrument not inconsistent with the statute, in respect to the notice and other terms on which the power may be exercised, shall be strictly complied with. Eubanks v. Becton, 158 N. C., 230; Brett v. Davenport, 151 N. C., 56. In Brett v. Davenport the Court said: “In an instrument of this kind (a mortgage with power of sale) the law is that- a…
2Cases cited19 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Aurora City v. WestSupreme Court of the United States · 1869
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
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3Cited by18 opinions
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- Moore v. . HarkinsSupreme Court of North Carolina · 1919
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