McMillan v. . Baxley
Supreme Court of North Carolina
This was a civil actiox tried before Graves, and a jury, at Fall Term, 1890, of Robesox Superior Court. The complaint alleges in substance that the plaintiff Paisley McMillan is the owner in fee-simple of the land described in the complaint, and that the defendants wrongfully withheld possession thereof from the said Paisley.
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This was a civil actiox tried before Graves, and a jury, at Fall Term, 1890, of Robesox Superior Court. The complaint alleges in substance that the plaintiff Paisley McMillan is the owner in fee-simple of the land described in the complaint, and that the defendants wrongfully withheld possession thereof from the said Paisley. The plaintiffs further allege that on January 1st, 1886, the defendants made and executed their bond and a mortgage convoying said land to plaintiff J. L. McMillan to secure the payment of $168 and interest, due on the 1st of October, 1886; that said J. L. McMillan duly…
1Opinion of the CourtMaoRae, J.
(after stating the facts): As far as the case and the record show, there was no motion for reference to state an account between mortgagors and mortgagee as demanded in the answer. Indeed, as this was an action brought by the alleged purchaser of the land under mortgage sale, and until the issues were determined whether the plaintiff Paisley McMillan were a partner or agent of the mortgagee, J. L. McMillan, or a bona fide purchaser for value and without notice, it would not have boon proper to have ordered an account. If the jury had found that Paisley McMillan was the agent of the mortgagee…
2Cases cited8 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Jones v. . CallSupreme Court of North Carolina · 1885
- State v. . CredleSupreme Court of North Carolina · 1884
- Kornegay v. . EverettSupreme Court of North Carolina · 1888
- Loftin v. . LoftinSupreme Court of North Carolina · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Paris v. Carolina Portable Aggregates, Inc.Supreme Court of North Carolina · 1967
- Powell v. LloydSupreme Court of North Carolina · 1951
- Cooper v. Southern Express Co.Supreme Court of North Carolina · 1914
- Petree v. . SavageSupreme Court of North Carolina · 1916
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