Marsh v. . Griffin
Supreme Court of North Carolina
Civil ACTION to foreclose a mortgage, ■ made to the plaintiff by defendants, A. T. Griffin and wife, E. A. Griffin, and incidentally to compel the defendant, Marion Ste-gall, vendor to the female mortgagor, to make her another deed, on the ground that she and her husband refused to put the original deed to her on record. The mortgage was given to secure a debt of the husband.
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Civil ACTION to foreclose a mortgage, ■ made to the plaintiff by defendants, A. T. Griffin and wife, E. A. Griffin, and incidentally to compel the defendant, Marion Ste-gall, vendor to the female mortgagor, to make her another deed, on the ground that she and her husband refused to put the original deed to her on record. The mortgage was given to secure a debt of the husband. There was judgment by default for want of an answer at Pall Term, 1896, of UNION Superior Court rendered for the debt against A. T. Griffin and wife, E. A. Griffin, and the land adjudged to be sold to pay the debt by…
1Opinion of the Court
This is an appeal from the refusal of a motion, under section 274 of The Code, to set aside a judgment by default obtained through the excusable neglect of the defendants.
The action was brought to foreclose a mortgage, and incidentally to compel the vendor of the mortgagor to execute to the feme defendant a good and sufficient deed to the land embraced in the (662) mortgage. The plaintiff does not ask for possession of the land, but asked and obtained, among other relief, a personal judgment against thefeme defendant for the admitted debt of her husband. The following is taken from the case…
2Cases cited10 opinions
- Tripp v. CookNew York Supreme Court · 1841
- Simonton v. . LanierSupreme Court of North Carolina · 1874
- Stith v. . JonesSupreme Court of North Carolina · 1896
- Cowles v. CowlesSupreme Court of North Carolina · 1897
- Kerchner v. . BakerSupreme Court of North Carolina · 1880
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3Cited by8 opinions
- Gaylord v. . BerrySupreme Court of North Carolina · 1915
- Gutierrez v. RomeroArizona Supreme Court · 1922
- Mid Kansas Federal Savings & Loan Ass'n v. BurkeSupreme Court of Kansas · 1983
- Goldfield Mohawk Mining Co v. Frances-Mohawk Mining & Leasing Co.Nevada Supreme Court · 1910
- Morrisey v. CrabtreeDistrict Court, M.D. North Carolina · 1956
3 more not listed; retrieve them via the Exa API.