Bissell v. . Bozman
Supreme Court of North Carolina
The original bill was filed in Chowan, and charged that on the 8th of May, 1819, the plaintiff was indebted upon a settlement with the defendant, in the sum of $197S 50; for which he gave his bond, bearing interest from date; and to secure the same, mortgaged a house and lot in Edenton, and a plantation in Chowan county, called New Sweden. This mortgage was not in the usual form; but by way of an absolute conveyance in fee, with a defeasance from the defendant.
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The original bill was filed in Chowan, and charged that on the 8th of May, 1819, the plaintiff was indebted upon a settlement with the defendant, in the sum of $197S 50; for which he gave his bond, bearing interest from date; and to secure the same, mortgaged a house and lot in Edenton, and a plantation in Chowan county, called New Sweden. This mortgage was not in the usual form; but by way of an absolute conveyance in fee, with a defeasance from the defendant. The bill further charged, that a short time afterwards, the State Bank obtained a judgment against the plaintiff and the defendant as…
1Opinion of the Court
Eueein, Judge,
having stated the case as.above, proceeded :
It is insisted for the original plaintiff Bissell, that this is the case of a judgment obtained by fraud, where the defendant was precluded from his defence, and will he relieved in this court. It is alleged too, that it was irregular, and in a case not proper for a judicial attachment, and therefore this court will put the party hack into possession of the property bought under it by the plaintiff.
The first observation called for by these positions is, that all matter of irregularity is out of the case here. That is a matter of legal…
2Cited by3 opinions
- Coxe v. . CampSupreme Court of North Carolina · 1830
- Taylor v. . WoodSuperior Court of North Carolina · 1804
- Thorne v. . WilliamsSupreme Court of North Carolina · 1814