Legal Opinion

Chadbourn v. . Johnston

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 12 opinions

Motion beard before Graham, J., at September Term, 1895, of Pbndbk Superior Court, to set aside a judgment rendered at the March Term, 1894, the sale made thereunder and decree confirming the sale.

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Motion beard before Graham, J., at September Term, 1895, of Pbndbk Superior Court, to set aside a judgment rendered at the March Term, 1894, the sale made thereunder and decree confirming the sale. Upon the hearing of the motion the following facts were found : “ 1. That on the 6th day of December, 1886, one John Watkins executed his promissory note to the defendant, E. M. Johnston, by which he promised to pay him, twelve months after date, the sum of $3,704, for value received; and on the same day conveyed to him, to secure the same, the land in controversy in this action, by mortgage deed,…

1Opinion of the Court

Fueohes, J.:

This is a motion to set aside a judgment of foreclosure, sale and confirmation thereunder, and from the facts found by the court it appears that on the 6th of December, 1886, John Watkins and his wife Rebecca A. Watkins executed a mortgage on the land mentioned in the complaint, to the defendant, E. M. Johnston, to secure a debt due by note of $3,704, payable twelve months from date. That on the 26th of December, 1886, said Johnston assigned said note to the plaintiff, Chadbourn. That after the execution of this note and mortgage, and before the commencement of this action, the…

2Cases cited2 opinions

  1. Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
  2. Nimrock v. . ScanlinSupreme Court of North Carolina · 1882

3Cited by12 opinions

  1. Howard v. BoyceSupreme Court of North Carolina · 1961
  2. Moore v. . PackerSupreme Court of North Carolina · 1917
  3. Dunn v. . WilsonSupreme Court of North Carolina · 1936
  4. Henderson v. Wachovia Bank of North Carolina, N.A.Court of Appeals of North Carolina · 2001
  5. Schiele v. . Insurance Co.Supreme Court of North Carolina · 1916

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