Mebane v. . Mebane
Supreme Court of North Carolina
MotioN to set aside a judgment heard at Fall Term, 1878, of New HaNovee. Superior Court, before McKoy, J. This action is brought for the foreclosure of a mortgage and the sale of the land conveyed, by summons returnable to April term, 1878, of the superior court of New Hanover county. The complaint was filed at that term and the defendant appeared by counsel, but no answer was put in and the cause was continued without further action.
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MotioN to set aside a judgment heard at Fall Term, 1878, of New HaNovee. Superior Court, before McKoy, J. This action is brought for the foreclosure of a mortgage and the sale of the land conveyed, by summons returnable to April term, 1878, of the superior court of New Hanover county. The complaint was filed at that term and the defendant appeared by counsel, but no answer was put in and the cause was continued without further action. At June term following under an order of reference then made, the clerk reported the amount of mortgage debt and the judgment was entered up, from the order…
1Opinion of the CourtSmith, C. J.
(After stating the case as above,) The mortgage on its face shows the debt to be that of the husband alone, and for which the defendant was in no manner liable, and contains a clause vesting, on the debtor’s default, a power of sale in the mortgagee. The aid of this court, while not necessary for the plaintiff’s relief, is nevertheless invoked to give effect to this provision. In directing and controlling the exercise of the power, the court will be guided by those rules of equitable proceedings not inconsistent' with the deed, which are observed in decrees of foreclosure and sale of property…
2Cases cited4 opinions
- Capehart v. . BiggsSupreme Court of North Carolina · 1877
- Bradford v. . CoitSupreme Court of North Carolina · 1877
- Shinn v. . SmithSupreme Court of North Carolina · 1878
- Burke v. . StokelySupreme Court of North Carolina · 1871
3Cited by30 opinions
- Kidder v. . McIlhennySupreme Court of North Carolina · 1879
- Dixon v. . OsborneSupreme Court of North Carolina · 1931
- Harrington v. Rawls.Supreme Court of North Carolina · 1904
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
- Vaughan Barnes v. . Gooch and PrescottSupreme Court of North Carolina · 1885
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