Debruhl v. . Hood

Tbis action was brought to enjoin tbe defendant from selling certain property under powers of sale contained in two mortgages, originally executed by plaintiff to Mrs. Sopbia B. Duffy and tbe Citizens Bank of New Bern, to secure notes of tbe plaintiff, and by tbem sold and transferred to tbe defendant. It is alleged in tbe complaint tbat several cask payments were made upon said indebtedness by tbe plaintiff, wbicb, witb tbe proceeds of certain timber cut from tbe land and received by tbe defendant, wbicb, by reason of tbe contract between tbe parties, should have been applied to tbe debt,…