Edgerton v. . Powell, Adm'r. .
Supreme Court of North Carolina
Civil action-, tried before Buxton, J., at January (Special) Term, 1874, Wayne Superior Court. All the facts necessary to an understanding of the case are stated in the opinion of the Court.
1Opinion of the CourtReade, J.
The plaintiff held certain bonds against Samue Pate and a mortgage to secure the same on a moiety of a tract of land, the said Pate retaining the other moiety, Samuel Pate died, and the plaintiff commenced this action to foreclose the mortgage by a sale of the moiety covered by the mortgage, and for an account of the assets in the hands of the administrator, and a satisfaction of any balance that might remain after a sale under the mortgage. The defendants are Powell, the admim istrator of Samuel Pate, and the other defendants his heirs at law to whom the land descended. The defendants answer…
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