Farrar v. . Staton
Supreme Court of North Carolina
This is a civil action which was tried by Graves, J, a trial by jury having been waived, at Spring Term, 1888, of Edgecombe Superior Court. There was judgment for the defendant, from which the plaintiffs appealed. The facts are stated in the opinion.
1Opinion of the CourtSmith, C. J.
At Spring Terra, 1887, of this Court, the subject-matter in controversy in this action, and between the same parties, in a reversed relation, involving the contested right to the surplus proceeds of the cotton crop conveyed in the first mortgage after satisfying the secured debt, was considered and decided. The decision then made was reconsidered upon an application to re-hear, and, at the term next succeeding, affirmed. Weathersbee v. Farrar, 97 N. C., 106; 98 N. C., 255.
The ruling by which the excess was given to the second mortgage was based upon the finding of the referee, to which no…
2Cases cited6 opinions
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- Weathersbee v. . FarrarSupreme Court of North Carolina · 1887
- W. Devries & Co. v. HaywoodSupreme Court of North Carolina · 1870
- Horne v. . HorneSupreme Court of North Carolina · 1876
- Wade v. . the City of NewbernSupreme Court of North Carolina · 1875
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3Cited by1 opinion
- Hunter v. . NelsonSupreme Court of North Carolina · 1909