Hinson v. . Adrian
Supreme Court of North Carolina
Civil Action, tried at Spring Ternj, 1884, of Anson Superior Court, before Philips, J. This action is prosecuted by creditors of the defendant Harvey T. Knotts, whose judgments have been docketed in the superior court of Anson and Union, to enforce the foreclosure of a mortgage of lands lying in those counties, which had been executed to him by his co-defendants, to the end that any excess of the proceeds of sale not required to discharge the secured debts might be applied…
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Civil Action, tried at Spring Ternj, 1884, of Anson Superior Court, before Philips, J. This action is prosecuted by creditors of the defendant Harvey T. Knotts, whose judgments have been docketed in the superior court of Anson and Union, to enforce the foreclosure of a mortgage of lands lying in those counties, which had been executed to him by his co-defendants, to the end that any excess of the proceeds of sale not required to discharge the secured debts might be applied to the payment of theirs. Under judgments several sales have been made and set aside upon the offer of an advanced bid…
1Opinion of the Court
Smith, C. J.,
after stating the above. No direction was given-in respect to the money, its safe-keeping or investment pending the appeal, and this court is now moved, after notice given to parties interested, for an order making an intermediate disposition of the money, either in returning it to the purchaser on his giving adequate security for its return when demanded, dr in lending and converting it into an interest-bearing debt properly secured, and to be paid when the court shall require.
The motion proceeds upon the misconception of the legal effect of the appeal, and the condition and…
2Cases cited1 opinion
- Isler v. . Brown .Supreme Court of North Carolina · 1873
3Cited by9 opinions
- Cox v. City of KinstonSupreme Court of North Carolina · 1940
- Green v. . GriffinSupreme Court of North Carolina · 1886
- State Ex Rel. Herring v. PughSupreme Court of North Carolina · 1900
- Piedmont Manufacturing Co. v. BuxtonSupreme Court of North Carolina · 1890
- State Ex Rel. Herring v. PughSupreme Court of North Carolina · 1899
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