Lance v. . Rumbough
Supreme Court of North Carolina
ActioN tried by Peebles, J., and a jury, at May Term, 1908, of Madison. • Tbis action was brought to enjoin tbe defendants from selling certain land conveyed to tbe plaintiff Fannie E. Lance under a power of sale contained in a deed of trust, until tbe amount due on tbe debt secured by tbe said deed of trust, wbicb was in dispute, could be ascertained.
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ActioN tried by Peebles, J., and a jury, at May Term, 1908, of Madison. • Tbis action was brought to enjoin tbe defendants from selling certain land conveyed to tbe plaintiff Fannie E. Lance under a power of sale contained in a deed of trust, until tbe amount due on tbe debt secured by tbe said deed of trust, wbicb was in dispute, could be ascertained. Tbe land was conveyed to tbe feme plaintiff by deed witb full covenants for $650; sbe paid $50 and, witb ber busband, executed tbe deed of trust to secure tbe balance of tbe purchase money. Sbe alleged that tbe defendant, J. H. Rumbougb, who…
1Opinion of the Court
Walker, J.,
after stating the case: Tbe principal question in this case relates to the location of the land which was conveyed by Rumbough to the feme plaintiff. Tbe defendant contended that be did not sell to the plaintiff any land south or southeast of the red or Johnson line, and that the third call of bis deed should stop at that line, or, if the call is extended to G (a chestnut oak in the Johnson line on the ridge), the next call should be from, that point to the red or Johnson line, as shown on the map, and thence with that line passing 3 and crossing Spring Creek to the road. There was…
2Cases cited9 opinions
- Cherry v. Slade's AdministratorSupreme Court of North Carolina · 1819
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- Hatcher v. Dabbs.Supreme Court of North Carolina · 1903
- Elliott v. Jefferson.Supreme Court of North Carolina · 1903
- Stamper v. . StamperSupreme Court of North Carolina · 1897
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