Deal v. . Palmer
Supreme Court of North Carolina
Civil action, in the nature of Ejectment, tried before Henry, J., at Spring Term, 1874, Bueke Superior Court, having been removed from Caldwell. Among other things the defendant alleged that the only title the plaintiff had to the land, was under an deed from the sheriff of Caldwell county, made in pursuance of an execution in his hands against the defendant, and that the sale of the sheriff was void, on account of his failure to lay off a homestead for defendant.
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Civil action, in the nature of Ejectment, tried before Henry, J., at Spring Term, 1874, Bueke Superior Court, having been removed from Caldwell. Among other things the defendant alleged that the only title the plaintiff had to the land, was under an deed from the sheriff of Caldwell county, made in pursuance of an execution in his hands against the defendant, and that the sale of the sheriff was void, on account of his failure to lay off a homestead for defendant. The defendant farther alleges that at the time the land was sold by the sheriff, the plaintiff' was surety for him, the defendant,…
1Opinion of the CourtPearsoN, C. J.
We see no error in the instructions.
1. If the “ carding machine ” was not a fixture then clearly the dealing in regard to it was valid, and the defendant was entitled to have the price agreed on credited upon the mortgage debt.
2. If the “carding machine” was a fixture and constituted a part of the mortgaged premises, we can see no reason why the mortgagee was not at liberty to buy, and the mortgagor to sell his interest, that is, his right to redeem. So as to give the mortgagee an absolute title, discharged of the right to redeem.
Why should not an agreement by which the mortgagee takes, say,…
2Cited by10 opinions
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Hill v. National BankSupreme Court of the United States · 1878
- Overman v. . SasserSupreme Court of North Carolina · 1890
- Foote v. . GoochSupreme Court of North Carolina · 1887
- Clayton v. . HesterSupreme Court of North Carolina · 1879
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