Hughes v. . Hodges
Supreme Court of North Carolina
This actioD, begun in June, 1879, by the plaintiff testator, is for the foreclosure of A mortgage made by the defendant on January 8, 1876, to secure certain notes therein described and for the sale of the land therein conveyed for their payment.
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This actioD, begun in June, 1879, by the plaintiff testator, is for the foreclosure of A mortgage made by the defendant on January 8, 1876, to secure certain notes therein described and for the sale of the land therein conveyed for their payment. The mortgagee, Calvert, having filed a verified complaint at the return term of the summons and before further action in the cause, died in 1881, leaving a will, the probate of which has been caveated and is still in contest, and therein appointing William H. Hughes, executor, who, upon an ex parte probate, qualified as such before the caveat was…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The grounds assigned in support of the motion are, that the executor of the deceased original plaintiff could not become a party plaintiff and prosecute the action, pending the controversy raised by the caveat as to the execution and validity of the propounded script; and secondly, for that the newlv-introduced plaintiffs, Charles and Samuel J. Calvert, had filed no written complaint in the action.
While these reasons alone are assigned for the demanded action of the Court in the case on appeal, others have been urged in the argument outside of it.
The answer to the…
2Cases cited4 opinions
- Vass v. Peoples' Building & Loan Ass'nSupreme Court of North Carolina · 1884
- Bell v. . CunninghamSupreme Court of North Carolina · 1879
- Hughes v. . McNiderSupreme Court of North Carolina · 1884
- Syme v. . BroughtonSupreme Court of North Carolina · 1882
3Cited by13 opinions
- Brown v. Elm City Lumber Co.Supreme Court of North Carolina · 1914
- In Re Workman's EstateOregon Supreme Court · 1936
- Grady v. . ParkerSupreme Court of North Carolina · 1947
- STATE TRUST COMPANY v. TomsSupreme Court of North Carolina · 1956
- Howerton v. . SextonSupreme Court of North Carolina · 1889
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