Fry v. . Graham
Supreme Court of North Carolina
Civil action tried before Norwood, J., at Fall Term, 1897, of Swain Superior Court. The facts appear in the opinion. The defendants demurred ore terms and his Honor sustained the demurrer and dismissed the action. Plaintiff appealed.
1Opinion of the Court
Faircloth, O. J.:
The plaintiff was trustee of the defendant, to secure a debt of the latter, with a power of sale in the trust deed upon default of payment. After default occurred the plaintiff advertised to sell the land, but before the sale day it was agreed to postpone the sale. About a year later the plaintiff advertised to sell again at the request of the creditor, and soon thereafter a restraining order was granted, which we understand to have been finally dissolved. Before the second sale day the debtor paid in full the debt and interest and discharged the other stipulations in the…
2Cases cited1 opinion
- Pass v. . BrooksSupreme Court of North Carolina · 1896
3Cited by3 opinions
- Turner v. . BogerSupreme Court of North Carolina · 1900
- Pringle v. Winston-Salem Building & Loan Ass'nSupreme Court of North Carolina · 1921
- Dillard v. SerpellSupreme Court of Virginia · 1924