Hinson v. . Adrian
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1881, of Anson Superior Court, before Graves J. The plaintiffs, Hinson & Cumming, having recovered several judgments against the defendant, Knotts, have-caused the same to be docketed in January, 1878, in the-counties of Anson and Union.
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Civil Action tried at Fall Term, 1881, of Anson Superior Court, before Graves J. The plaintiffs, Hinson & Cumming, having recovered several judgments against the defendant, Knotts, have-caused the same to be docketed in January, 1878, in the-counties of Anson and Union. Their co-plaintiffs, Aaron & Rheinstein, having also recovered judgments, against the same debtor in tbe superior court of New Hanover in the same month, transmitted a transcript thereof to the same counties, and caused them to be docketed in Anson county, in February, 1878, and in Union county in April, 1880. They unite in…
1Opinion of the Court
Smith, C. J.,
after stating the above. While there is some diversity of opinion as to the practice in requiring the presence of prior and posterior mortagees in a foreclosure suit, the preponderance of authority favors the propriety, if not the necessity of their being parties, in order to a full and final adjustment to all the equities involved. The following rule is laid down by a writer on the subject, which seems reasonable and just:
In general all incumbrancers, as well as the mortgagor ought to be made parties to a bill of foreclosure, and that, whether they are prior or subsequent…
2Cases cited1 opinion
- Cannon v. . ParkerSupreme Court of North Carolina · 1879
3Cited by10 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Vanstory v. ThorntonSupreme Court of North Carolina · 1893
- W. F. Kornegay & Co. v. Farmers & Merchants' Steamboat Co.Supreme Court of North Carolina · 1890
- Beaufort County v. . MayoSupreme Court of North Carolina · 1934
- Rostan v. . HugginsSupreme Court of North Carolina · 1939
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