Cannon v. . McCape
Supreme Court of North Carolina
Civil actiox for an accounting as to the amount due the defendant Hendrickson under a deed of trust executed hy Cannon and wife to the defendant McCape,'and for an injunction restraining the trustee from selling the property conveyed by tire deed of trust.
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Civil actiox for an accounting as to the amount due the defendant Hendrickson under a deed of trust executed hy Cannon and wife to the defendant McCape,'and for an injunction restraining the trustee from selling the property conveyed by tire deed of trust. A restraining order was issued by Judge Bhuford on the 12th January, 1894, at Asheville, returnable before his Honor J. I). Mclver (Judge riding the Twelfth District) at Chambers in Carthage, N. C., on the 5th February, 1894. Judgment was rendered dissolving the restraining order and against plaintiffs for costs, and plaintiffs appealed.…
1Opinion of the Court
CLARK, J., dissents arguendo It was alleged in the plaintiffs' complaint that the amount paid into court and accepted by the defendant. Mrs. Hendrickson, was by mutual mistake a greater sum than was really due, but the affidavit of plaintiff Cannon states that the amount so tendered "is the total amount, principal interest and costs, including taxes, insurance and all other proper and legitimate charges against the affiant because of said note and deed of trust." On the part of the defendant it is alleged that the trustee is entitled to his commissions, five per cent, and to thirty dollars, a…
2Cases cited5 opinions
- Boyd v. . HawkinsSupreme Court of North Carolina · 1833
- Ingram v. . KirkpatrickSupreme Court of North Carolina · 1851
- Sherrill v. . ShufordSupreme Court of North Carolina · 1849
- Dibble v. . AycockSupreme Court of North Carolina · 1860
- Matlock v. . GraySupreme Court of North Carolina · 1825
3Cited by3 opinions
- Turner v. . BogerSupreme Court of North Carolina · 1900
- Pass v. . BrooksSupreme Court of North Carolina · 1896
- Board of Financial Control for Buncombe County v. Union Property Co.Court of Appeals of Tennessee · 1937