Whitehead v. . Hale
Supreme Court of North Carolina
This was a civil ACTION, brought to obtain judgment on the notes of the defendant, and for the foreclosure of a mortgage alleged to have been given to secure said notes, heard before Norwood, J., at Maj Term, 1895, of the Superior Court of Cumberlakd County, on a motion by the plaintiff for a receiver, said motion being based on the complaint,, answer, reply and the affidavit of the plaintiff and defendant respectively.
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This was a civil ACTION, brought to obtain judgment on the notes of the defendant, and for the foreclosure of a mortgage alleged to have been given to secure said notes, heard before Norwood, J., at Maj Term, 1895, of the Superior Court of Cumberlakd County, on a motion by the plaintiff for a receiver, said motion being based on the complaint,, answer, reply and the affidavit of the plaintiff and defendant respectively. The motion for the appointment, of a receiver was refused, and the plaintiff excepted and appealed to the Supreme Court. The material facts appear in the opinion of Associate…
1Opinion of the Court
Clark, J.:
This action is brought for the foreclosure of a mortgage upon a newspaper, together with its press, type, subscription list, &c., including its good will. The defendant, while admitting that the mortgage had been executed, denies that there is any balance due on the same, and alleges on the contrary that the plaintiff is indebted to him, and asks for an account and a cancellation of the mort gage. Under these circumstances the court not only would not decree a foreclosure till the balance due, if any, was ascertained, but would enjoin any attempt to sell under a power of sale in the…
2Cases cited6 opinions
- John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
- Holden v. . PurefoySupreme Court of North Carolina · 1891
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1894
- Millhiser v. . BalsleySupreme Court of North Carolina · 1890
- Pritchard v. . SandersonSupreme Court of North Carolina · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ledbetter v. Farmers Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1944
- Parker v. . Insurance Co.Supreme Court of North Carolina · 1906
- State v. CouncilSupreme Court of North Carolina · 1901
- Manufacturers & Jobbers Finance Corp. v. LaneSupreme Court of North Carolina · 1942
- United States v. McPhersonDistrict Court, M.D. North Carolina · 1986
4 more not listed; retrieve them via the Exa API.