Broadhurst v. . Brooks
Supreme Court of North Carolina
Appeal by defendants from Allen, J., at chambers in Smithfield, 16 August, 1922. This was.a restraining order in behalf of plaintiff, a junior mortgagee of J. C. Stancill, forbidding the defendants to sell under a senior deed of trust executed by J. C. Stancill and wife to secure an indebtedness to the defendant Parrish.
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Appeal by defendants from Allen, J., at chambers in Smithfield, 16 August, 1922. This was.a restraining order in behalf of plaintiff, a junior mortgagee of J. C. Stancill, forbidding the defendants to sell under a senior deed of trust executed by J. C. Stancill and wife to secure an indebtedness to the defendant Parrish. The defendants demurred to the complaint, and upon hearing before Allen, J., he overruled the demurrer and continued the restraining order theretofore granted by Daniels, J., to the final hearing. The defendants appealed.
1Opinion of the CourtCiabk, C. J.
Stancill and wife, in 1915, executed their several promissory notes to Alonzo Parrish aggregating $20,000, the last of which fell due 1 January, 1921, and executed-to E. H. Brooks, trustee, a deed of trust conveying certain lands as security therefor. The defendant Brooks, trustee, advertised said lands for sale under the deed of trust on 20 December, 1921. Stancill and wife thereupon instituted suit to restrain said sale, alleging that the defendant Parrish was guilty of usury, and had retained $2,000 of the principal, and that Stancill actually received only $18,000. On the hearing of the…
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