Legal Opinion

Smith v. Garris.

Supreme Court of North Carolina

Decided September 23, 1902PublishedCited by 1 opinion

ActioN by B. E. Smith against R. H. Garris, heard by Judge Francis D. Winston and a jury, at April Term, 1902, of the Superior Court of Pitt County. Erom a judgment for the plaintiff, the defendant appealed.

1Opinion of the Court

Eurches, O. J.

The plaintiff was the fee-simple owner of the land in controversy, which he mortgaged to Hardy, and failing to pay the mortgage debt, the land was sold under the powers contained in the mortgage, and the defendant be came tbe purchaser. The plaintiff alleges that the defendant bought the land for him, and was to convey the same to the plaintiff upon the plaintiff’s repaying the defendant the purchase-money, which, he alleges, he has paid, and more than paid, in money and in rents and profits, and in money received by the defendant for lumber, while he has wrongfully been in…

2Cases cited2 opinions

  1. Parker v. . AllenSupreme Court of North Carolina · 1881
  2. Greer v. . WilbarSupreme Court of North Carolina · 1875

3Cited by1 opinion

  1. Brick v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907

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