Morton v. Blades Lumber Co.
Supreme Court of North Carolina
Civil agtioN, beard before Shaw, J., and a jury, November Term, 1906, Superior Court ObaveN County. Plaintiffs, heirs at law of M. E. Morton, prosecute this action for the purpose of vacating and setting aside a sale of lands which descended from their ancestor, and redeeming same, etc.
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Civil agtioN, beard before Shaw, J., and a jury, November Term, 1906, Superior Court ObaveN County. Plaintiffs, heirs at law of M. E. Morton, prosecute this action for the purpose of vacating and setting aside a sale of lands which descended from their ancestor, and redeeming same, etc. The complaint sets forth: 1. That their father owned the land in controversy. 2. That he conveyed it by ■way of mortgage to the Farmers and Merchants Bank for the purpose of securing the payment of a note of $175. 3. That thereafter he died intestate. 4. That John A. Morton was duly appointed and qualified ,as…
1Opinion of the CourtConnor, J.
Plaintiffs’ counsel, in his brief, says that the exceptions raise two questions of law: “1. Can the administrator buy up the outstanding mortgage on his intestate’s land and then exercise the power of sale therein to foreclose the heirs of his intestate ? 2. Can the assignee of a mortgage on land exercise the power of foreclosure without first registering the assignment?”
If the expression, “buy up the mortgage,” be understood as simply taking an “assignment of the mortgage,” ,as distinguished from taking a conveyance of the land with the transfer of the power of sale conferred upon the…
2Cases cited7 opinions
- Williams v. . TeacheySupreme Court of North Carolina · 1881
- Merrick v. Bedford.Supreme Court of North Carolina · 1906
- Dameron v. . EskridgeSupreme Court of North Carolina · 1889
- Hussey v. . HillSupreme Court of North Carolina · 1897
- Turner v. . ShufflerSupreme Court of North Carolina · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Morton v. Blades Lumber Co.Supreme Court of North Carolina · 1910
- Raleigh Real Estate Co. v. MoserSupreme Court of North Carolina · 1918
- Weil v. DavisSupreme Court of North Carolina · 1915
- First National Bank v. SaulsSupreme Court of North Carolina · 1922
6 more not listed; retrieve them via the Exa API.