Gough v. . Bell
Supreme Court of North Carolina
PROCEEDINGS, beard on motion to set aside judgment of foreclosure of mortgage on real estate, before Allen, J., at February Term, 1920, of Eobeson. On perusal of the record and affidavits filed, the court finds the facts and ordered that the judgment be set aside as between the parties because same is irregular and contrary to the course and practice of this court, and the cause be dealt with as the matter is presented in the pleadings filed in the cause.
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PROCEEDINGS, beard on motion to set aside judgment of foreclosure of mortgage on real estate, before Allen, J., at February Term, 1920, of Eobeson. On perusal of the record and affidavits filed, the court finds the facts and ordered that the judgment be set aside as between the parties because same is irregular and contrary to the course and practice of this court, and the cause be dealt with as the matter is presented in the pleadings filed in the cause. Plaintiff excepted and appealed.
1Opinion of the CourtHoKE, J.
It appears from a perusal of the record and affidavits and the pertinent findings of fact predicated thereon that, in February, 1914, plaintiff, at a regular term of the court on a verified complaint, recovered judgment by default final for definite amount alleged to be due, $800, and interest, and for foreclosure by sale of defendant’s real estate pursuant to a mortgage executed to secure plaintiff’s debt; that thereafter, and-in early part of 1914, sale was had after due advertisement by a court commissioner, and plaintiff became the purchaser at the price of $550, report made and duly…
2Cases cited8 opinions
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Becton v. Dunn.Supreme Court of North Carolina · 1905
- Glisson v. . GlissonSupreme Court of North Carolina · 1910
- Cox v. . BoydenSupreme Court of North Carolina · 1914
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3Cited by17 opinions
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Duffer v. . BrunsonSupreme Court of North Carolina · 1924
- Simms v. . SampsonSupreme Court of North Carolina · 1942
- Wellons v. . LassiterSupreme Court of North Carolina · 1931
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