Blacknall v. . Hancock
Supreme Court of North Carolina
Appeal by plaintiff from Crammer, J., at chambers, 17 March, 1921, from VaNce. Civil action, heard on motion to dissolve a restraining order and counter motion by plaintiff to make same permanent, by consent.
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Appeal by plaintiff from Crammer, J., at chambers, 17 March, 1921, from VaNce. Civil action, heard on motion to dissolve a restraining order and counter motion by plaintiff to make same permanent, by consent. Plaintiff, holding a debt of $1,579.87, secured by a deed of trust on realty in said county, brings the action to restrain the sale by defendant Hancock under a deed of trust on same property, to secure two notes of $850 each, and have the latter deed declared a lien subsequent to that of plaintiff and to remove same as a cloud to plaintiff’s claim and interest under his deed. The facts…
1Opinion of the CourtHoke, J.
Tbe statute applicable, C. S., 3311, provides in effect that no deed of trust or mortgage on real estate, etc., shall be valid to pass any property as against creditors or purchasers for value from tbe donor, bargainor, or mortgagor, but from tbe registration thereof in tbe county where the land lies, and the Court decisions in this State construing the law have insistently held that no notice, however full or formal, shall avail to defeat a prior registration. Fertilizer Co. v. Lane, 173 N. C., 184; Blalock v. Strain, 122 N. C., 283; Quinerly v. Quinerly, 114 N. C., 145.
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2Cases cited8 opinions
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Liles v. . RogersSupreme Court of North Carolina · 1893
- Carolina-Tennessee Power Co. v. Hiawassee River Power Co.Supreme Court of North Carolina · 1918
- Hinton v. . LeighSupreme Court of North Carolina · 1889
- North State Piano Co. v. SpruillSupreme Court of North Carolina · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gibson v. Consolidated Credit Corp.Court of Appeals of Georgia · 1964
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Turner v. . GlennSupreme Court of North Carolina · 1942
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Hege v. SellersSupreme Court of North Carolina · 1954
18 more not listed; retrieve them via the Exa API.