Eubanks v. Becton
Supreme Court of North Carolina
Appeal from Garter, Jat November Term, 1911, of JoNES. This is an action by tbe plaintiff as mortgagor, for an accounting and to redeem.
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Appeal from Garter, Jat November Term, 1911, of JoNES. This is an action by tbe plaintiff as mortgagor, for an accounting and to redeem. Tbe issues raised by tbe pleadings were by consent referred to Hon. E. A. Daniels, and tbe following facts are found by bim, to wbicb no exception is taken: On 3 April, 1900, tbe defendant, Amos F. Becton, conveyed to tbe plaintiff, E. E. Eubanks, tbe tract of land described in tbe complaint, for tbe consideration of $1,000. On tbe same day tbe plaintiff and bis wife executed and delivered to said Becton tbeir ten bonds for tbe purchase money, in different…
1Opinion of the CourtAllen, J.
The right of the plaintiff to redeem depends upon the validity of the sale made under the power contained in the mortgage, executed by him.
If the sale can be upheld, the defendant Heath is the owner of the land, and if not, the deed to him is operative only as an equitable assignment of the notes and mortgage, and the plaintiff, nothing else appearing, is entitled to an accounting.
The sale is attacked by the plaintiff upon two grounds: (1)' That the mortgage, although containing a provision that the land may be sold upon failure to pay either note, does not provide that, upon such failure the…
2Cases cited16 opinions
- Pence v. LangdonSupreme Court of the United States · 1879
- Moore v. DickMassachusetts Supreme Judicial Court · 1905
- Shillaber v. RobinsonSupreme Court of the United States · 1878
- Crinkley v. EgertonSupreme Court of North Carolina · 1893
- Chace v. MorseMassachusetts Supreme Judicial Court · 1905
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Matter of Foreclosure of Trust by GoforthSupreme Court of North Carolina · 1993
- Bateman v. . SterrettSupreme Court of North Carolina · 1931
- Brannock v. FletcherSupreme Court of North Carolina · 1967
- In Re Foreclosure of Sutton Investments, Inc.Court of Appeals of North Carolina · 1980
- Mills v. . Building Loan Assn.Supreme Court of North Carolina · 1940
22 more not listed; retrieve them via the Exa API.