Raleigh Savings Bank & Trust Co. v. Leach
Supreme Court of North Carolina
Appeal by defendants from Daniels, J., at tbe May Term, 1915, of ■Wake. Appeal from an order allowing W. H. Pace, trustee, as commissions tbe sum of $350, bis attorney, Jobn Bousball, $25, and cost of advertising, $69.30, and tbe controversy is wholly between tbe defendants Leacb and Pace.
Read the full summary
Appeal by defendants from Daniels, J., at tbe May Term, 1915, of ■Wake. Appeal from an order allowing W. H. Pace, trustee, as commissions tbe sum of $350, bis attorney, Jobn Bousball, $25, and cost of advertising, $69.30, and tbe controversy is wholly between tbe defendants Leacb and Pace. Prior to 3 May, 1915, tbe defendant M. T. Leacb borrowed from tbe Raleigb Savings Bank and Trust Company tbe sum of $8,000, and to secure tbe payment of tbe same executed a deed of trust to tbe defendant W. H. Pace upon a storehouse and lot on tbe east side of Wilmington Street in tbe city of Raleigb.…
1ConcurrenceWalker, J.
Pace, as trustee, is entitled to commissions on the entire proceeds of the sale, and not merely to the extent of the indebtedness, and at the rate fixed by the deed, I am unable to agree with my brethren that he is not entitled to even the actual cost and expense of advertising the sale, though paid by him, beyond the amount of $3, which is fixed by law for advertising sales. In my judgment, Revisal, sec. 641, as to the cost of advertising, applies only where the sale is made by the court, as will appear from the proviso, which'is that “the cost of such newspaper publication shall not exceed…
2Cases cited14 opinions
- Fox v. FoxIllinois Supreme Court · 1911
- Grimball v. CruseSupreme Court of Alabama · 1881
- Eubanks v. BectonSupreme Court of North Carolina · 1912
- Nevitt v. WoodburnIllinois Supreme Court · 1901
- Harris v. MartinSupreme Court of Alabama · 1846
9 more not listed; retrieve them via the Exa API.