Gaylord v. . Berry
Supreme Court of North Carolina
Appeal' by defendant from Wedbee, J., at chambers; from BkuNS-wick. Civil action, beard at chambers, on 4 May, 1915, upon motion of defendant to' vacate the judgment therein.
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Appeal' by defendant from Wedbee, J., at chambers; from BkuNS-wick. Civil action, beard at chambers, on 4 May, 1915, upon motion of defendant to' vacate the judgment therein. The defendant had executed a mortgage to one J. R. Green, on his homestead in Brunswick County to secure a debt of $377.50. After the debt fell due, and was not paid, as alleged by Green, the latter advertised and sold the land under the power contained in the mortgage, and it was .bought by the plaintiff, to whom a deed was executed by Green. Plaintiff then commenced this action for the possession of the land, obtained…
1Opinion of the Court
Walkee, J.,
after stating tbe case: We do not think tbe findings of fact are sufficient for us to decide tbis matter without tbe danger of doing injustice to one or tbe other of tbe .parties. Tbe court refers to tbe affidavits and finds from them, but without stating tbe particular facts upon which be bases bis opinion in law, tbat defendant has no meritorious defense. ILe seems to have passed upon tbe truth or falsity of tbe defense set up, and not to have treated it as presenting a prima facie case, which be should have done. Where a party, in good faith, shows facts which raise an issue…
2Cases cited10 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- English v. . EnglishSupreme Court of North Carolina · 1882
- Sircey v. Hans Rees' SonsSupreme Court of North Carolina · 1911
- Winborne v. . JohnsonSupreme Court of North Carolina · 1886
- Bryant v. . FisherSupreme Court of North Carolina · 1881
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3Cited by16 opinions
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- Sutherland v. McLeanSupreme Court of North Carolina · 1930
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
- Ins. Co. v. . R. R.Supreme Court of North Carolina · 1903
- Sutherland v. . McLeanSupreme Court of North Carolina · 1930
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