Davis v. . Rogers
Supreme Court of North Carolina
Motion in the cause heard at Spring Term, 1880, of UNION Superior Court, before McKoy, J. The plaintiff, assignee of John S. Pardue, brings his action against the widow and heirs at law of Mosely Rogers, deceased, to have a deed absolute in form, and conveying the tract of land described in the complaint, declared to be a security for debt, and to be permitted to redeem the same.
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Motion in the cause heard at Spring Term, 1880, of UNION Superior Court, before McKoy, J. The plaintiff, assignee of John S. Pardue, brings his action against the widow and heirs at law of Mosely Rogers, deceased, to have a deed absolute in form, and conveying the tract of land described in the complaint, declared to be a security for debt, and to be permitted to redeem the same. At spring term, 1872, a decree was passed determining the rights of the parties and the amount of the encumbering debt, so much oí which as bears upon the present controversy is as follows: “It is thereupon…
1Opinion of the Court
Smith, -0. J.,
after stating the case. We do not approve of-this ruling of the court. It is plain, that the execution and acceptance of the note, instead of payment, is not a compliance-with the terms of. the decree, by > which'the fund is declared to be for the use and equal benefit of the defend^ ants, and the personal representative had no control over it. The decree, until modified, is binding upon all the parties to the action, and its obligations cannot be evaded by the contrivance resorted to in this instance. The money when paid into the office, could only be paid out to the…
2Cases cited5 opinions
- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
- Kidder v. . McIlhennySupreme Court of North Carolina · 1879
- Small v. . SmallSupreme Court of North Carolina · 1876
- Isler v. . MurphySupreme Court of North Carolina · 1874
- Walke v. . MoodySupreme Court of North Carolina · 1871
3Cited by1 opinion
- Peacock v. Barnes.Supreme Court of North Carolina · 1906