Martin v. McNeely
Supreme Court of North Carolina
This is a civil ACTION, which was tried before Clark, J., at Pall Term, 1888, of Bukkl Superior Court. The defendants, J. C. McNeely and wife Naomi, on February 5, 1885, executed a mortgage deed to the plaintiff,John R. Martin, whereby they conveyed to him three severaltracts of land in trust to secure the single bond on the sameday made by the said J. C. McNeely, in the sum of $1,250;-due and to be paid with interest at the rate of eight per cent, per annum from date ón or…
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This is a civil ACTION, which was tried before Clark, J., at Pall Term, 1888, of Bukkl Superior Court. The defendants, J. C. McNeely and wife Naomi, on February 5, 1885, executed a mortgage deed to the plaintiff,John R. Martin, whereby they conveyed to him three severaltracts of land in trust to secure the single bond on the sameday made by the said J. C. McNeely, in the sum of $1,250;-due and to be paid with interest at the rate of eight per cent, per annum from date ón or before February 5th, 1887. Themortgage contains the -usual clause vesting in the plaintiff the power to make sale of the…
1Opinion of the CourtSmith, C. J.
(after stating the case.) The complaint in its statement of the facts attending the sale, evidently intended to place at' the option of the mortgagor the confirmation or rejection of the sale, which was the real equitable relation in which he stood towards it. Pie had the right to hold the plaintiff to his purchase, or to repudiate what had been done and hold the plaintiff still to his position as mortgagee unchanged by what had transpired. The election is with the mortgagor. The matter is fully considered in Gibson v. Barbour, decided at the last term and reported in 100 N. C., 192.
The…
2Cases cited5 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Gibson v. . BarbourSupreme Court of North Carolina · 1888
- Kessler v. . HallSupreme Court of North Carolina · 1870
- Robinson v. . WilloughbySupreme Court of North Carolina · 1872
- Boone v. . HardieSupreme Court of North Carolina · 1882
3Cited by2 opinions
- Taylor v. . HuntSupreme Court of North Carolina · 1896
- Walters v. . WaltersSupreme Court of North Carolina · 1850