Austin v. . Stewart
Supreme Court of North Carolina
Civil ActioN to hold a mortgagee responsible for real value of land bought at his own sale. Defendant denied the purchase by him. There was an order of reference at previous term of the court, excepted to by defendant. Cause came on to be heard upon report and exceptions thereto by defendant, before Allen, J., at January Term, 1900, of UNION Superior Court. From tib© judgment rendered the defendant appealed.
1Opinion of the CourtClark, J.
The complaint alleges that the defendant (mortgagee) sold the land of the plaintiff (mortgagor) and bought the same through am intermediary who afterwards conveyed to a son of the defendant, but that the real purchaser was the defendant; wherefore the plaintiff alleges that he “has the right to disaffirm said sale as a nullity or to affirm the same and hold the defendant to am account for the full value of said land (which he holds to be $565), which he now elects to do.”
The answer denies that the defendant was interested in anywise in the purchase at the mortgage sale, and that the land is…
2Cases cited8 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Smith v. City of GoldsboroSupreme Court of North Carolina · 1897
- Gibson v. . BarbourSupreme Court of North Carolina · 1888
- Ferrall v. . BroadwaySupreme Court of North Carolina · 1886
- Syme v. . BadgerSupreme Court of North Carolina · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Thompson v. SolesSupreme Court of North Carolina · 1980
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Mills v. . Building Loan Assn.Supreme Court of North Carolina · 1940
- Long v. Town of RockinghamSupreme Court of North Carolina · 1924
- DeLoache v. DeLoacheSupreme Court of North Carolina · 1925
17 more not listed; retrieve them via the Exa API.