Harrison v. . Bray
Supreme Court of North Carolina
Civil ACTION pending in CjraveN Superior Court, and beard before Philips, Judge, at Chambers, on 14th January, 3 885. The plaintiff alleges in her affidavit, that she executed to the defendant her promissory note for $400, dated the 1st day of December, 188.3, to be due on the 1st day of December, 1884, and to secure the same, executed to him a mortgage with power of sale contained therein, upon her house and lot situated in the city of Newbern ; that after she executed the…
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Civil ACTION pending in CjraveN Superior Court, and beard before Philips, Judge, at Chambers, on 14th January, 3 885. The plaintiff alleges in her affidavit, that she executed to the defendant her promissory note for $400, dated the 1st day of December, 188.3, to be due on the 1st day of December, 1884, and to secure the same, executed to him a mortgage with power of sale contained therein, upon her house and lot situated in the city of Newbern ; that after she executed the note and before it came due, she purchased for value two single bonds, given by the defendant to third persons, whereby…
1Opinion of the CourtMekriMON, J.
(after stating the facts). We are of opinion that the defendant ought to be restrained by injunction from selling the mortgaged property until the action shall be tried upon its merits. If the allegations of the plaintiff be accepted as true, she had the right in equity as soon as the note secured by mortgage came due, indeed before that time, to surrender to the mortgagee, the defendant, the bonds against him, which she held and owned, and to have the money due upon them credited upon the note he held against her. Harris v. Burwell, 65 N. C., 584. And such credit would discharge the mortgage…
2Cases cited4 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Harris v. . BurwellSupreme Court of North Carolina · 1871
- Dockery v. . French, Trustee .Supreme Court of North Carolina · 1873
3Cited by18 opinions
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- Whittaker v. . HillSupreme Court of North Carolina · 1887
- Huskins v. Yancey HospitalSupreme Court of North Carolina · 1953
- Arey v. LemonsSupreme Court of North Carolina · 1950
- Dameron v. . CarpenterSupreme Court of North Carolina · 1925
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