Dancy v. . Duncan
Supreme Court of North Carolina
Civil action, tried upon exceptions to the report of a referee, before Gudger, Judge, at Fall Term, 1886, of Edge-combe Superior Court.
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Civil action, tried upon exceptions to the report of a referee, before Gudger, Judge, at Fall Term, 1886, of Edge-combe Superior Court. James C. Knight died in 1869, seized and possessed of a tract of land in the county of Edgecombe, which in his will is devised to his daughter, M. A. Duncan, for life or widowhood, and of the remainder, one-third to F. C. Pittman, one-third to Alla W. Burnett, her children by a former husband, and the other third in equal parts to R E. Duncan and P. P. Duncan, her children, the offspring of a later marriage, their father being also dead. The last named…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The purchaser at the judicial sale acquired title to the land, and the mortgage by the defendants in the suit, of their shares, only had the effect of putting the mortgagee in the place ' of the mortgagors, so that he could claim what remained after payment of the testator’s debts, what the devisees would have been entitled to, if no mortgage had been made. His right was transferred from the thing sold to its substituted proceeds. This was quite distinctly announced in the opinion when, with other features, the case was before us three years since. “And…
2Cases cited4 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Badger v. . DanielSupreme Court of North Carolina · 1877
- Lemly v. . AtwoodSupreme Court of North Carolina · 1871
3Cited by15 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Collingwood v. . BrownSupreme Court of North Carolina · 1890
- Bryant Timber Co. v. WilsonSupreme Court of North Carolina · 1909
- Lane v. . R. R.Supreme Court of North Carolina · 1926
- Phillips v. Interstate Land Co.Supreme Court of North Carolina · 1917
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