Carter v. . Slocomb
Supreme Court of North Carolina
Civil action to set aside a sale made by defendant Slocomb under a power of sale contained in a mortgage made by W. F. Carter and wife to said Slocomb, and a deed made thereunder by defendant Slocomb to defendant, Daniel Carter, the purchaser at said sale, and to require the said deed to be delivered up and canceled, and for’ the possession of the land described in said deed, upon the payment by plaintiff of the balance due upon said mortgage, tried before Mclver, J., and a…
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Civil action to set aside a sale made by defendant Slocomb under a power of sale contained in a mortgage made by W. F. Carter and wife to said Slocomb, and a deed made thereunder by defendant Slocomb to defendant, Daniel Carter, the purchaser at said sale, and to require the said deed to be delivered up and canceled, and for’ the possession of the land described in said deed, upon the payment by plaintiff of the balance due upon said mortgage, tried before Mclver, J., and a jury at November Term, 1897, of Cumberland Superior Court. The following issues were submitted to the jury:‘ 1. Was the…
1Opinion of the Court
Fairoloth, C. J.:
The sole question presented is whether a sale of land by a mortgagee under a power of sale in the mortgage, made after the death of the mortgagor, without notice to the heir, conveys a good title — that is, whether at the death of the mortgagor the power of sale ceases and becomes inefficacious.
In this State when a mortgage is executed the mortgagee becomes the legal, and the mortgagor the equitable owner, and until the day of redemption is past the mortgagor has a legal right, and afterwards an equity of redemption. Hemphill v. Ross, 66 N. C., 477.
No question of fraud enters…
2Cases cited4 opinions
- Parker v. . BeasleySupreme Court of North Carolina · 1895
- Thomas L. Hemphill v. . Benjamin A. RossSupreme Court of North Carolina · 1872
- Fraser v. . BeanSupreme Court of North Carolina · 1887
- Carver v. . BradySupreme Court of North Carolina · 1889
3Cited by6 opinions
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Cawfield v. Owens.Supreme Court of North Carolina · 1901
- Lipsitz v. . SmithSupreme Court of North Carolina · 1919
- Woodell v. DavisSupreme Court of North Carolina · 1964
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