Smith v. Greensboro Joint Stock Land Bank

The demurrers presented on this record raise this question: Can a mortgagor unite in a complaint both a cause of action against the mortgagee and its subsequent grantees to set aside foreclosure sale under the mortgage at which the mortgagee becomes the purchaser, and deeds subsequently executed to purchasers with notice, and a cause of action against the mortgagee for damages resulting from such foreclosure sale? The decisions of this Court say “No.”

The uniform decisions of this Court hold that “Where a mortgagee of lands purchases at his own sale, directly or by an agent, though he may…