Fraley v. March
Supreme Court of North Carolina
Motion for a change of venue, heard by Cloud, J.,^at Rowan Superior Court, at Fall Term, 1872. In his complaint, filed at Fall Term, 1872, of Rowan Superior Court, the plaintiff alleges, that on the 18th August, 1860, C. F. Fisher, the intestate of the administrators, who, together with the heirs of the said C. F. Fisher, are defendants in this action, sold a tract of land situate in the county of Davidson, to the defendant, A. H. March, for the sum of $3,500, and entered…
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Motion for a change of venue, heard by Cloud, J.,^at Rowan Superior Court, at Fall Term, 1872. In his complaint, filed at Fall Term, 1872, of Rowan Superior Court, the plaintiff alleges, that on the 18th August, 1860, C. F. Fisher, the intestate of the administrators, who, together with the heirs of the said C. F. Fisher, are defendants in this action, sold a tract of land situate in the county of Davidson, to the defendant, A. H. March, for the sum of $3,500, and entered into a contract, covenanting to make title to said land upon the payment of the said purchase money, as follows: $1,000 to…
1Opinion of the CourtReads, J.
The law of the venue of actions, with reference to the residence of the parties does not govern this case, but the law of the venue with reference to the “subject of the action.” It is substantially an action “ for the foreclosure of a mortgage of real property;” and that must be tried in the county where the land is situate. C. C. P. 66.
No error. Affirmed.
This will be certified.
2Per curiam
Judgment affirmed.
3Cited by7 opinions
- Councill v. . BaileySupreme Court of North Carolina · 1910
- Falls of Neuse Manufacturing Co. v. BrowerSupreme Court of North Carolina · 1890
- Connor v. Dillard.Supreme Court of North Carolina · 1901
- Eames v. Armstrong.Supreme Court of North Carolina · 1904
- Penland v. Red Hill Methodist ChurchSupreme Court of North Carolina · 1946
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