Wynn v. Grant
Supreme Court of North Carolina
Appeal by defendants, from Garter, J., at October Term, 1913, of BuNcombe. Action to recover tbe amount of a note for $1,750, secured by a deed of trust, to cancel the satisfaction of the deed of trust on the record, which was wrongfully entered by the trustee, E. Rogers Grant, and to foreclose the deed of trust by sale of the land described therein, under the order of the court.
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Appeal by defendants, from Garter, J., at October Term, 1913, of BuNcombe. Action to recover tbe amount of a note for $1,750, secured by a deed of trust, to cancel the satisfaction of the deed of trust on the record, which was wrongfully entered by the trustee, E. Rogers Grant, and to foreclose the deed of trust by sale of the land described therein, under the order of the court. The salient facts of the case are these: In the early part of the year 1912 the defendants Mrs. Fora-ham and Mrs. Coachman, desiring to purchase a lot in the city of Asheville, N. 0., where they intended to reside in…
1Opinion of the Court
WalkeR, J.,
after stating the case: The defendants contend that the plaintiff is not entitled to recover upon the remaining note for $1,750, and assign, substantially, five reasons in support of their' position, as follows:
1. Mrs. Coachman and Mrs. Eoraham were purchasers for value and without notice.
2. F. Rogers Grant and the Grant Realty Company were general agents of the plaintiffs, or special' agents, with full and ample authority to accept payment of the notes.
*443. That the trustee was authorized and empowered to release the deed of trust.
4. That the plaintiff ratified the action of Grant by…
2Cases cited35 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Ward v. SmithSupreme Court of the United States · 1869
- Collins v. Davis.Supreme Court of North Carolina · 1903
- McPherson v. . RollinsNew York Court of Appeals · 1887
- McIver v. Young Hardware Co.Supreme Court of North Carolina · 1907
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3Cited by43 opinions
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- Investment Properties of Asheville, Inc. v. AllenSupreme Court of North Carolina · 1972
- Burlington Industries, Inc. v. FoilSupreme Court of North Carolina · 1974
- Dorman v. GoodmanSupreme Court of North Carolina · 1938
- Gregg v. WilliamsonSupreme Court of North Carolina · 1957
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