Legal Opinion

Hayes v. Pace

Supreme Court of North Carolina

Decided May 22, 1913PublishedCited by 19 opinions

Appeal by defendants from restraining order issued by Lyon, J., at chambers, 7 March, 1913; from HeNDEesoN. Appeal by defendants from an order continuing a restraining order to the final hearing.

1Opinion of the CourtBrown, J.

This litigation grows out of the case of C. E. Roper et ais. v. National Fire Insurance Co. et als., 161 N. C., 151. In the present action the judge restrained the defendants from completing the sale of certain lands referred to in the pleadings.

From the pleadings and affidavits in the record these facts appear:

On -26 November, 1908, O. E. Roper and wife executed to A. L. Holmes a deed of trust to secure $3,200 and interest, the land included in the conveyance being a boundary of about 300 acres situated near Hendersonville. The grantors subsequently built a hotel on one of the lots included…

2Cases cited7 opinions

  1. Froneberger v. . LewisSupreme Court of North Carolina · 1878
  2. Williams v. . TeacheySupreme Court of North Carolina · 1881
  3. Gibson v. . BarbourSupreme Court of North Carolina · 1888
  4. Roper v. National Fire InsuranceSupreme Court of North Carolina · 1912
  5. Jones v. . PullenSupreme Court of North Carolina · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Mills v. . Building Loan Assn.Supreme Court of North Carolina · 1940
  2. Hare v. . WeilSupreme Court of North Carolina · 1938
  3. Lockridge v. SmithSupreme Court of North Carolina · 1934
  4. First National Bank v. SaulsSupreme Court of North Carolina · 1922
  5. Mills v. Mutual Building & Loan Ass'nSupreme Court of North Carolina · 1940

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