Morisey v. . Swinson
Supreme Court of North Carolina
Action for Foreclosure— Correction — Equitable Procedure— Reference Under The Code — Constitution—Rents. This was a civil action, tried at the Fall Term, 1889, of Duplin Superior Court, by Bynum, J., upon report of referee.
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Action for Foreclosure— Correction — Equitable Procedure— Reference Under The Code — Constitution—Rents. This was a civil action, tried at the Fall Term, 1889, of Duplin Superior Court, by Bynum, J., upon report of referee. The action was brought to foreclose a mortgage of land executed by the defendant to the plaintiff on the 29th day of November, 1867, to secure the payment by the former to the latter of “seven hundred dollars, due by bond or note, with interest from sometime in the year 1857, as on reference to said bond will more fully appear,” &c., as recited therein. Among other things,…
1Opinion of the CourtMerrimon, C. J.
— after stating the case: The purpose of this action is to correct the deed of mortgage in question in certain respects on account of mutual mistake, to foreclose the same, and, to that end, to have an account taken, &c. The cause of action is wholly equitable in its nature, and hence the Court must exercise its authority and jurisdictional functions as a Court of Equity, applying such statutory provisions as may be applicable. Indeed, the jurisdiction is so extensive that the Court may administer the rights of the parties as to the. matter in litigation to the extent they come, properly,…
2Cases cited14 opinions
- Wessell v. . RathjohnSupreme Court of North Carolina · 1883
- Barcroft & Co. v. Roberts & Co.Supreme Court of North Carolina · 1884
- Whissenhunt v. . JonesSupreme Court of North Carolina · 1878
- Burnett v. . NicholsonSupreme Court of North Carolina · 1882
- Kornegay v. . EverettSupreme Court of North Carolina · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Finishing & Warehouse Co. v. OzmentSupreme Court of North Carolina · 1903
- Shute v. FisherSupreme Court of North Carolina · 1967
- Junge v. MacKnightSupreme Court of North Carolina · 1904
- Cuthbertson v. . MorganSupreme Court of North Carolina · 1908
- Rowland Hardware & Supply Co. v. LewisSupreme Court of North Carolina · 1917
18 more not listed; retrieve them via the Exa API.