Holden v. . Houck
Supreme Court of North Carolina
ActioN tried before Stacy, J., and a jury, at February Term, 1918, OÍ FRANKLIN. Plaintiff brought this action to recover possession of the land described in the complaint. It appears that the land was owned at one time by Mrs. J. A. Turner, wbo, with her husband, sold and conveyed it to M. E. Houck, who with his wife are defendants.
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ActioN tried before Stacy, J., and a jury, at February Term, 1918, OÍ FRANKLIN. Plaintiff brought this action to recover possession of the land described in the complaint. It appears that the land was owned at one time by Mrs. J. A. Turner, wbo, with her husband, sold and conveyed it to M. E. Houck, who with his wife are defendants. Plaintiff at the trial introduced in evidence a deed of trust by M. E. Houck and wife, Geneva O. Houck, to Ben T. Holden, which was executed to secure a debt of $3,800 due to W. K. Phillips from M. E. Houck, who is the defendant. This deed contained the usual…
1Opinion of the Court
Walker, J.,
after stating the case: There was a motion to nonsuit in this case, which was properly overruled by Judge Stacy. Plaintiff had shown, when he rested, that he was the owner at least of the legal title, and this entitled him to the possession of. the land, the debt secured by the deed of trust having long since matured. Wittkowski v. Watkins, 84 N. C., 456; Bruner v. Threadgill, 88 N. C., 361. The plaintiff, by the deed to him of the trustee, acquired the legal title, and stood in the latter’s shoes. But we think he also acquired the equitable title. There was really no defense to…
2Cases cited4 opinions
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- McLaurin v. . CronlySupreme Court of North Carolina · 1884
- Buchanan v. Harrington.Supreme Court of North Carolina · 1906
- Wittkowski v. . WatkinsSupreme Court of North Carolina · 1881
3Cited by1 opinion
- Kuschinski v. Equitable & Central Trust Co.Michigan Supreme Court · 1936