British & American Mortgage Co. v. Long
Supreme Court of North Carolina
Appeal from an order continuing a restraining order to the hearing, made in chambers at Halifax, by Whitaker, J. Defendants appealed.
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Appeal from an order continuing a restraining order to the hearing, made in chambers at Halifax, by Whitaker, J. Defendants appealed. The plaintiff complained that in February, 1890, the defendants Long and wife made a deed of-trust to secure plaintiff for money loaned, conveying certain lands in Halifax and Warren Counties by the following description: “All the following described real estate, lying in the counties of Warren and Halifax and State of North Carolina, to-wit: All those tracts or parcels of land lying in one body in the counties of Warren and Halifax, of which the late Samuel A.…
1Opinion of the CourtMacRak, J.
(after stating the facts): We see no necessity for a reformation of the deed of trust in the manner desired by the plaintiff, because in our opinion the description of the land in the deed of trust will cover all of the land which belonged to the said Long and wife within the boundaries set out in the deed, although it should turn out that there were three tracts instead of one body of land.
The rules laid down by Chief Justice Taylok in Cherry v. Slade, 3 Murphy, 82, have been frequently quoted and approved, as will be seen by reference to the above case in Womack’s Digest, No. 1597:
“ 1. That…
2Cases cited1 opinion
- Peacock v. . StottSupreme Court of North Carolina · 1889
3Cited by9 opinions
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
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- Smith v. Parker.Supreme Court of North Carolina · 1902
- Puryear v. SanfordSupreme Court of North Carolina · 1899
- Little v. . EfirdSupreme Court of North Carolina · 1915
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