Staton v. Webb
Supreme Court of North Carolina
ActioN by H. L. Slaton against W. C. Webb, beard by Judge Frederick Moore and a jury, at April Term, 1904, of tbe Superior Court of Edgecombe County.
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ActioN by H. L. Slaton against W. C. Webb, beard by Judge Frederick Moore and a jury, at April Term, 1904, of tbe Superior Court of Edgecombe County. Tbe following statement of facts, taken from tbe defendant’s brief, substantially states tbe case: On February 1, 1896, Joseph Cobb executed to tbe defendant Webb a mortgage deed conveying a tract of land to secure tbe payment of a note for $1,000 due January 1, 1897, with authority to sell for cask on default in tbe payment of said note, “and apply the proceeds of sale to tbe payment of tbe note and interest, and tbe surplus, if any, to tbe…
1Opinion of the Court
Douglas, J.,
after stating the case. The defendant filed three exceptions. The first is that by the form of the complaint this is an action “for money had and received” and as *38such cannot be maintained unless the money has been actually received by the defendant. This exception cannot be maintained, whatever might have been its merit under the old common, law practice before the adoption of the Constitution of 1868. Section 1 of Article IV provides that “The distinction between actions at law and suits in equity, and tire forms of all such actions and suits, shall be abolished; and there shall…
2Cases cited7 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- Turner v. . BogerSupreme Court of North Carolina · 1900
- Dempsey v. . RhodesSupreme Court of North Carolina · 1885
- Gattis v. . KilgoSupreme Court of North Carolina · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lenoir County v. OutlawSupreme Court of North Carolina · 1954
- Virginia Trust Co. v. Lambeth Realty Corp.Supreme Court of North Carolina · 1939