Herring v. . Warwick
Supreme Court of North Carolina
Appeal from Whedbee, Jat tbe August Term, 1910, of SAMPSON. This action was brought originally to recover the possession of land, with rents and profits and damages for waste, with a prayer for the redemption of the land from a mortgage. The case was finally tried only upon the issue as to waste.
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Appeal from Whedbee, Jat tbe August Term, 1910, of SAMPSON. This action was brought originally to recover the possession of land, with rents and profits and damages for waste, with a prayer for the redemption of the land from a mortgage. The case was finally tried only upon the issue as to waste. On 27 December, 1894, S. A. Herring and his wife, Nellie A. Herring, executed a mortgage with power of sale upon the lands of the wife to John T. Gregory, to secure the payment of a note for $125 with interest. The debt was not paid and the mortgagee regularly sold the land under the power, and M. A.…
1Opinion of the Court
Walker, J.,
after stating the ease. We think there was error in the instruction of the court. In the first place, there was no sufficient evidence for the jury that Warwick surrendered possession of the land to Gregory. On the contrary, he demanded the possession of S. A. Herring, and upon his refusal to give it up, he brought suit aginst him to recover it, thereby continually asserting his right to the possession acquired by his purchase from J. T. Gregory, the mortgagee, - and the deed the latter made to him, which was duly and promptly registered. Even had Warwick torn up or otherwise…
2Cases cited5 opinions
- Tunstall v. . CobbSupreme Court of North Carolina · 1891
- Doe Ex Dem. Linker v. LongSupreme Court of North Carolina · 1870
- Hare v. . JerniganSupreme Court of North Carolina · 1877
- Hodges v. . Wilkinson.Supreme Court of North Carolina · 1892
- Browne v. . DavisSupreme Court of North Carolina · 1891
3Cited by2 opinions
- Loyd v. . LoydSupreme Court of North Carolina · 1893
- Hocutt v. . Telegraph Co.Supreme Court of North Carolina · 1908