Robinson v. Willoughby
Supreme Court of North Carolina
Civil action) (to foreclose an Equity of Redemption, for an account and other relief,) tried at Pali Term, 1813, of UNION Superior Court, before Buxton, J. The case, as transmitted to this Court, states, that after the amendment of the pleadings heretofore allowed, and approved by this Court, in the same case, 67 N..
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Civil action) (to foreclose an Equity of Redemption, for an account and other relief,) tried at Pali Term, 1813, of UNION Superior Court, before Buxton, J. The case, as transmitted to this Court, states, that after the amendment of the pleadings heretofore allowed, and approved by this Court, in the same case, 67 N.. C. Rep., 84, changing the original suit from an action for the recovery of real property, into an action to foreclose, 1. Did the defendant Willoughby, before taking his deed from Christenbury, have notice, that Christenbury had previously conveyed the land in controversy to the…
1Opinion of the CourtReade, J.
Prior to 1829, it was settled by the authority of elementary writers, and by the decisions of our own Courts, that an unregistered incumbrance would be upheld by the Courts of Equity against a subsequent registered incumbrance or conveyance with notice of the former, and that creditors and purchasers for value were affected by notice of prior equities ; and that such notice might be proved by parol. And such is the law now except in regard to deeds in trust and mortgages which, though good between the parties, are void both in law and equity against creditors and purchasers for value unless…
2Cited by32 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Sills v. . FordSupreme Court of North Carolina · 1916
- McDowell v. LockhartSupreme Court of North Carolina · 1885
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