Wharton v. . Moore
Supreme Court of North Carolina
Civil Action tried upon a case agreed at Fall Term, 1880, of Waice Superior Court, before Graves, J. The following are the facts : On the 18th day of August, 1873, the defendants Russ and wife conveyed by mortgage duly proved and registered to Rufus H. Jones a lot in the city of Raleigh lying between Martin and Hargett streets, containing two acres, to secure a debt due to him.
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Civil Action tried upon a case agreed at Fall Term, 1880, of Waice Superior Court, before Graves, J. The following are the facts : On the 18th day of August, 1873, the defendants Russ and wife conveyed by mortgage duly proved and registered to Rufus H. Jones a lot in the city of Raleigh lying between Martin and Hargett streets, containing two acres, to secure a debt due to him. Thereafter on the 8th day of January, 1874, the said Russ and wife conveyed the same lot to J. B. Batchelor by mortgage duly pi’oved and registered to secure a debt due to him. After that on the 9th day of June, 1874,…
1Opinion of the CourtAshe, J.
The effect of these several conveyances was to convey the legal estate of Russ and wife to Jones (or Thompson, the trustee for his use) and the equity of redemption to J. B. Batchelor, and imperfect equities, first to Carter, the plaintiff’s intestate, and then to Moore and Adams, the defendants.
The releases of Jones and Batchelor endorsed on the deeds from Russ and wife not being under seal did not convey the legal estate to Moore and Adams, but left it in Jones or Ins trustee. Linker v. Long, 64 N. C., 296. So that the deed of bargain and sale executed by Russ and wife to Moore and Adams…
2Cases cited8 opinions
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Hill v. . BrowerSupreme Court of North Carolina · 1877
- Doe Ex Dem. Linker v. LongSupreme Court of North Carolina · 1870
- Rice v. DeweyNew York Supreme Court · 1862
- Wetherell v. . GormanSupreme Court of North Carolina · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Belvin v. Raleigh Paper Co.Supreme Court of North Carolina · 1898
- Wilson v. Commercial Finance Co.Supreme Court of North Carolina · 1954
- Holler v. . RichardsSupreme Court of North Carolina · 1889
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