Shinn v. . Smith
Supreme Court of North Carolina
Appeal from an order continuing an Injunction made at Chambers on the 9th of April, 1878, by Cox, J. On the 17th of January, 1872, the defendant and his wife executed a mortgage deed to Elam King, to secure a debt the defendant owed King, with power of sale in default of payment at a certain time, and on the 3d of March, 1873, they executed a similar deed to Joel Reed to secure defendant’s debt to him.
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Appeal from an order continuing an Injunction made at Chambers on the 9th of April, 1878, by Cox, J. On the 17th of January, 1872, the defendant and his wife executed a mortgage deed to Elam King, to secure a debt the defendant owed King, with power of sale in default of payment at a certain time, and on the 3d of March, 1873, they executed a similar deed to Joel Reed to secure defendant’s debt to him. The deed to King conveyed a tract of land in and near the town of Concord in Carbarrus county, and the deed to Reed conveyed the defendant’s equity of redemption therein. The plaintiff, having…
1Opinion of the CourtReade, J.
The husband, defendant Smith, owed debts- and executed mortgages on his lands to secure them. His wife joined him in the mortgages and included a house and lot which was her separate property. The plaintiff was an outside creditor of the husband Smith, and brought this action against the mortgagees to compel them to foreclose the mortgages so that he could have the surplus of the proceeds of the sale applied to his debt. At Fall Term,, 1877, of the Court below an order was made to sell the lands in the mortgage for the purpose named above, and that the land of the wife be sold first.
The…
2Cited by16 opinions
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