Paschal v. . Harris
Supreme Court of North Carolina
Special PbooeediNG, heard upon appeal from the Probate Court, before his Honor, Judge Watts, at Spring Term, 1875, of the Superior Court of WabbeN county. The plaintiff, who is the administrator of Andrew J. Rogers, deceased, filed a petition in the Probate Court, praying that he be allowed to sell certain lands, the property of his intestate, in order to raise funds to pay off the intestate’s debts.
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Special PbooeediNG, heard upon appeal from the Probate Court, before his Honor, Judge Watts, at Spring Term, 1875, of the Superior Court of WabbeN county. The plaintiff, who is the administrator of Andrew J. Rogers, deceased, filed a petition in the Probate Court, praying that he be allowed to sell certain lands, the property of his intestate, in order to raise funds to pay off the intestate’s debts. The case was heard before his Honor upon the following-facts : There were seven judgments against the plaintiff’s intestate, duly docketed in the Superior Court of Warren county, of the following…
1Opinion of the CourtPjbabsoN, C. J.
The plaintiff’s intestate had an equity of ■redemption, but it was subject to a power of sale. An equity of redemption is a valuable interest which may be sold by the mortgagor and at sheriff’s sale ; and it is. such an interest as may be devised and will descend to heirs. Chap. 45, sec. 71, Battle’s Revisal, embraces an equity of redemption; but in our case the equity of redemption was subject to a power of sale, and when the power was executed, it took from the plaintiff all pretext in support of the petition and he had no foundation to stand on. The right of the intestate and of his heirs…
2Cited by8 opinions
- Joyner v. . FarmerSupreme Court of North Carolina · 1878
- Hobbs v. CashwellSupreme Court of North Carolina · 1910
- Heck v. . WilliamsSupreme Court of North Carolina · 1878
- McCaskill v. . GrahamSupreme Court of North Carolina · 1897
- Foreclosure of a Lien by Ridgeloch Homeowners Ass'n v. McNeillCourt of Appeals of North Carolina · 2007
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