Gay v. . Davis
Supreme Court of North Carolina
Civil actioN, tried before Womack, J., at Spring Term, 1890, of Guanville Superior Court. The case is, in substance, this: A judgment in the action was entered against certain of the defendants, in which they were required, by a day designated, to pay the mortgage debt specified; and it was ordered further, that if the same should not be paid on or before that day, that the defendant, administrator of core of the deceased mortgagors, as commissioner appointed for the…
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Civil actioN, tried before Womack, J., at Spring Term, 1890, of Guanville Superior Court. The case is, in substance, this: A judgment in the action was entered against certain of the defendants, in which they were required, by a day designated, to pay the mortgage debt specified; and it was ordered further, that if the same should not be paid on or before that day, that the defendant, administrator of core of the deceased mortgagors, as commissioner appointed for the purpose, sell the land described in the pleadings and apply the funds of the sale to the payment of the mortgage debt, the…
1Opinion of the CourtMerrimon, C. J.
after stating the facts: There is no statutory provision in this State that has been brought to our attention, or within our knowledge, that prescribes or authorizes an allowance of compensation directly to the counsel of commissioners charged with a particular duty by an order of Court, or otherwise, or to counsel of trustees, whatever may be the nature of the trusts wherewith they may be charged. Nor is there any general rule of practice .prevailing in Courts that permits such allowances to be made. In the absence of statutory provision, the Courts, in the exercise of chancery powers, make…
2Cases cited1 opinion
- Mordecai v. DevereuxSupreme Court of North Carolina · 1876
3Cited by10 opinions
- Horner v. Chamber of CommerceSupreme Court of North Carolina · 1952
- City of Durham v. DavisSupreme Court of North Carolina · 1916
- In Re Will of HowellSupreme Court of North Carolina · 1933
- Ragan v. . RaganSupreme Court of North Carolina · 1923
- Supreme Lodge Knights of Honor v. SelbySupreme Court of North Carolina · 1910
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