McIver v. . Smith
Supreme Court of North Carolina
Civil acttoN, tried before Bryan, J., and a jury, at May Special Term, 1895, of Craven Superior Court. There was a verdict for the defendant, and from the judgment thereon plaintiff appealed. The facts appear in the opinion of Chief Justice Faircloth.
1Opinion of the Court
Faircloth, C. J.:
On May 10, 1890, the defendants, Smith and wife, executed a mortgage to Nancy Coward on, the land in controversy to secure several notes mentioned therein, falling due on January 1,1891, 2, 3 & 4 with power of sale in case of default in payment of either bond or any part thereof. Subsequently, judgments were entered against said Smith 'and under executions issued thereon the sheriff sold the land and the plaintiff became the pur■chaser, and brings this action on June 30, 1894.
On January 16,1S93, the mortgagee sold the land under the power in the mortgage, and under tha* sale…
2Cited by8 opinions
- Scott v. PaisleySupreme Court of the United States · 1926
- S & G Investment Inc. v. Home Federal Savings and Loan AssociationCourt of Appeals for the D.C. Circuit · 1974
- James v. Western North Carolina RailroadSupreme Court of North Carolina · 1897
- Barbee v. . ScogginsSupreme Court of North Carolina · 1897
- Hogan v. . UtterSupreme Court of North Carolina · 1918
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