Dameron v. . Eskridge
Supreme Court of North Carolina
Specific Performance — Mortgagee—Assignee—Poivers of Sale— Equitable Assignment — Conveyance of Beal Estate — Estoppel. This was a civil action, tried at September Term, 1889, of CLEVELAND Superior Court, before Boykin, J. By consent of the parties, a trial by jury was waived, and the Court found the following facts, to-wit: “On the 21st day of December, 1880, the defendants S. T. Eskridge and wife Mary executed and delivered to their co-defendant, W. IT.
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Specific Performance — Mortgagee—Assignee—Poivers of Sale— Equitable Assignment — Conveyance of Beal Estate — Estoppel. This was a civil action, tried at September Term, 1889, of CLEVELAND Superior Court, before Boykin, J. By consent of the parties, a trial by jury was waived, and the Court found the following facts, to-wit: “On the 21st day of December, 1880, the defendants S. T. Eskridge and wife Mary executed and delivered to their co-defendant, W. IT. Eskridge, to secure the sum of $125, borrowed money, a mortgage deed, with power of sale, conveying in fee-simple the land described in the…
1Opinion of the Court
Shepherd, J.:
S. T. Eskridge and wife executed a mortgage upon certain land to W. H. Eskridge, with power to said mortgagee, or his assigns, to sell upon default. The mortgagee made the following endorsement on the mortgage:
“For value received, Tsign (assign) and transfer this mortgage to G. H. Simmons, July 28th, 1885.
(Signed) “W. H. Eskridge.”
Simmons advertised and sold the land to the plaintiff for the sum of three hundred dollars. The plaintiff alleges that he has tendered the purchase money and demanded a deed from said Simmons and the mortgagee, and that he.has also demanded the…
2Cases cited2 opinions
- Williams v. . TeacheySupreme Court of North Carolina · 1881
- Clayton v. . RoseSupreme Court of North Carolina · 1882
3Cited by16 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Crews v. . CrewsSupreme Court of North Carolina · 1926
- Morton v. Blades Lumber Co.Supreme Court of North Carolina · 1910
- Hussey v. . HillSupreme Court of North Carolina · 1897
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