Jones v. . Williams
Supreme Court of North Carolina
Appeal from Whedbee, J., at tlie November Term, 1910, of DupliN. Tbis action was brought by the plaintiff to foreclose a mortgage on a tract of land., containing originally 245 acres, executed to him by the defendants, Rufus Branch and wife, to secure a debt of $379.50 therein described.
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Appeal from Whedbee, J., at tlie November Term, 1910, of DupliN. Tbis action was brought by the plaintiff to foreclose a mortgage on a tract of land., containing originally 245 acres, executed to him by the defendants, Rufus Branch and wife, to secure a debt of $379.50 therein described. The other defendant, Fred Martin, trading under the name and style of E. J. Martin & Son, was made a party, as Rufus Branch and wife had also mortgaged tbe land to bim and be bad assigned bis notes and mortgages to bis co-defendant, A. F. "Williams. Tbe following facts appear in tbe case: Summons was issued…
1Opinion of the Court
After stating the case: We think it may fairly be inferred from the record that A. F. Williams bought the notes and the mortgages from Fred Martin during the pendency of this action and after the complaint had been filed therein. If so, he acquired his interest in them subject to any judgment rendered herein, for this suit would be a complete lis pendens. Lord Bacon stated the common law rule (184) to be that "no decree bindeth any that cometh in bona fide by conveyance of the defendant before the bill exhibiteth, and is made no party, neither by bill or order; but when he comes in…
2Cases cited43 opinions
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Williams v. . TeacheySupreme Court of North Carolina · 1881
- Kidder v. . McIlhennySupreme Court of North Carolina · 1879
- Hall v. HallTexas Supreme Court · 1854
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
38 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Quinn Plumbing Co. Inc. v. New Miami Shores Corp.Supreme Court of Florida · 1930
- Equitable Life Assurance Society of the United States v. BasnightSupreme Court of North Carolina · 1951
- Insurance Co. v. . KnoxSupreme Court of North Carolina · 1942
- Crews v. . CrewsSupreme Court of North Carolina · 1926
- New Hanover County v. . WhitemanSupreme Court of North Carolina · 1925
36 more not listed; retrieve them via the Exa API.