Patterson v. . Mills
Supreme Court of North Carolina
Civile ACTION to foreclose a mortgage tried at February Term, 1897, of Tbedell Superior Court before Starbuclc, J., and jury.
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Civile ACTION to foreclose a mortgage tried at February Term, 1897, of Tbedell Superior Court before Starbuclc, J., and jury. The note and mortgage were executed by defendants G. F. and J. W. Mills to T. A. Patterson on the 23rd day of January, 1884, and recorded in Iredell county on the 13th of March, 1884. Patterson died in the year 1888 and his administrator assigned- said note and mortgage to plaintiff on January 28th, 1891. There was no controversy as to’ the amount due on note and mortgage. Defendant Sarah Mills an unmarried sister of defendants, G. F. and J. W. Mills, the mortgagors,…
1Opinion of the Court
Clark, J.:
This proceeding is to foreclose a mortgage which was executed and recorded in 1884. Sarah Mills is brought in as a defendant because she claims under a deed dated in 1878, but which remained unregistered till July 1896, after this action was begun. There is nothing in her exception that one of the heirs at law of her deceased sister, who was named as grantee with her in the unregistered deed, is not made a party. Sarah Mills is not interested in that, in any way, as her rights cannot be affected thereby.
Every phase of the defendants’ contention could have been, and was presented on…
2Cases cited23 opinions
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Boon v. . MurphySupreme Court of North Carolina · 1891
- Patton v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- State v. . PritchettSupreme Court of North Carolina · 1890
18 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Brewer v. RingSupreme Court of North Carolina · 1919
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Pretzfelder v. Merchants Insurance Co. of NewarkSupreme Court of North Carolina · 1898
- Planters Bank & Trust Co. v. YelvertonSupreme Court of North Carolina · 1923
- Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
29 more not listed; retrieve them via the Exa API.