Gordon v. . Collett
Supreme Court of North Carolina
Civil action, heard before Armfield, J., at Spring Term, 1889, of the Superior Court of Burke County. The following is a copy of the material parts of the case settled on appeal: Plaintiffs bring suit for the foreclosure of a mortgage, dated the 21st July, 1887, to secure the sum of $253.90, a part of which sum, to-wit., $129, had been secured by a former mortgage, dated the 30fch day of October, 1885. That said mortgages were given by the defendant Austin Collett, who…
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Civil action, heard before Armfield, J., at Spring Term, 1889, of the Superior Court of Burke County. The following is a copy of the material parts of the case settled on appeal: Plaintiffs bring suit for the foreclosure of a mortgage, dated the 21st July, 1887, to secure the sum of $253.90, a part of which sum, to-wit., $129, had been secured by a former mortgage, dated the 30fch day of October, 1885. That said mortgages were given by the defendant Austin Collett, who claimed an interest in the land therein described, under the following writings: “ collett’s boundary. “ Beginning at a stake…
1Opinion of the CourtMekrimoN, J.
(after stating the case). The appellants contend that the plaintiffs obtained no title to the land in question, nor any interest therein, by the deed of mortgage under which they claim, executed to them by the appellants Collett and wife, because the latter had no title to nor any interest in that land, that they could convey; that the husband Collett had but a parol contract with M. C. Avery, who had the title to it, whereby she contracted to convey the title to him when he should pay the purchase money he agreed to pay her for the same, and he had not paid such purchase money or any part…
2Cases cited5 opinions
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Mayer v. . AdrianSupreme Court of North Carolina · 1877
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Tabor v. . WardSupreme Court of North Carolina · 1880
- Davidson v. . GiffordSupreme Court of North Carolina · 1888
3Cited by8 opinions
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Hurdle v. WhiteCourt of Appeals of North Carolina · 1977
- Falkner v. Pilcher.Supreme Court of North Carolina · 1905
- Falls of Neuse Manufacturing Co. v. HendricksSupreme Court of North Carolina · 1890
- Gordon v. . CollettSupreme Court of North Carolina · 1890
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