Jones v. . Hill
Supreme Court of North Carolina
Motion to vacate an injunction, beard by Watts, J.,, January 19tb 1870, at Chambers, Halifax Court. Tbe action in wbicb tbe injunction bad been ordered, was based upon tbe following facts: In 1859 John Devereux sold certain lands to Gavin H. Clark, wbo executed a mortgage to secure tbe price, thereby empowering Devereux, in default of payment of tbe price, to sell tbe lands, «See.
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Motion to vacate an injunction, beard by Watts, J.,, January 19tb 1870, at Chambers, Halifax Court. Tbe action in wbicb tbe injunction bad been ordered, was based upon tbe following facts: In 1859 John Devereux sold certain lands to Gavin H. Clark, wbo executed a mortgage to secure tbe price, thereby empowering Devereux, in default of payment of tbe price, to sell tbe lands, «See. Clark paid part of tbe price, and then sold bis interest to Hyman, who gave bis notes for tbe residue of tbe purchase money, to Mrs. Elizabeth Jones, wbo, as. assignee of Devereux, held tbe unpaid notes of Clark.…
1Opinion of the CourtRodman, J.
(After stating the facts as above.) Under the facts of this case, Hyman must be regarded as a mortgagor, and the plaintiff as a mortgagee, of the lands mentioned in the complaint, Hyman v. Devereux, 63 N. C. 624. If a mortgagor remains in posession after the forfeiture of the property, he remains only by permission of the mort gagee. In snob, case tbe mortgagor bas been sometimes called a tenant at will or sufferance, and sometimes a trespasser ; but be is properly neither ; bis position cannot be more accurately defined than by calling bim a mortgagor in possession, bntbe…
2Cases cited1 opinion
- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
3Cited by11 opinions
- Belvin v. Raleigh Paper Co.Supreme Court of North Carolina · 1898
- Killebrew v. . HinesSupreme Court of North Carolina · 1889
- Bunn v. BraswellSupreme Court of North Carolina · 1905
- Wm. McCombs v. . Albert WallaceSupreme Court of North Carolina · 1872
- Keathly v. . BranchSupreme Court of North Carolina · 1881
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