Bruner v. . Threadgill
Supreme Court of North Carolina
Costs — Mortgagor and Mortgagee. This case was heard at Rockingham, Richmond county, on the. 14th day of May, 1884, as of ÁNSON Superior Court, Spring Term, 1884, before Philips, Judge, upon a motion by the defendants to tax the plaintiffs with the costs of the action, and a counter motion by the plaintiffs for a decree of sale and adjudging the costs of the action against the defendants.
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Costs — Mortgagor and Mortgagee. This case was heard at Rockingham, Richmond county, on the. 14th day of May, 1884, as of ÁNSON Superior Court, Spring Term, 1884, before Philips, Judge, upon a motion by the defendants to tax the plaintiffs with the costs of the action, and a counter motion by the plaintiffs for a decree of sale and adjudging the costs of the action against the defendants. It appeared by the record and proceedings in the case, that upon the complaint and answer filéd aud the issues submitted to the jury, their findings, the decree of the Superior Court and the decision of the…
1Opinion of the CourtSmith, C. J.
The action was commenced against George W. Willoughby, the mortgagee, by the issue of a summons on March 28, 1878, which was served on him in April thereafter, by the plaintiffs, the widow and heirs at law of Jacob Bruner, the mortgagor, with the husbands of two of the married daughters. Soon after the service of the process, Willoughby died intestate, and a summons issued against the defendants, who are bjs administrators, surviving wife, a married daughter and her husband.
They resisted the plaintiffs’ claim, and in their answer set up defences to the action, thus rendering the suit…
2Cited by4 opinions
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