Legal Opinion

Sineath v. Katzis

Supreme Court of North Carolina

Decided April 30, 1941PublishedCited by 7 opinions

1Opinion of the Court

"WiNBORNE, J.

In their brief filed on this appeal plaintiffs contend that the judge below erred in dissolving the temporary restraining order for these reasons: (1) That the trustees have no authority to foreclose the deed of trust upon demand of defendant Katzis. (2) That there is nothing due by the plaintiffs on the indebtedness secured by the deed of trust sought to be foreclosed.

While the findings of fact by the judge of Superior Court are not conclusive on appeal in injunction cases “in which we look into and review the evidence, . . . still there is a presumption always that the judgment…

2Cases cited7 opinions

  1. Cobb v. Clegg.Supreme Court of North Carolina · 1904
  2. Hyatt v. Dehart.Supreme Court of North Carolina · 1905
  3. Boone v. . BooneSupreme Court of North Carolina · 1940
  4. Sineath v. . KatzisSupreme Court of North Carolina · 1941
  5. Plott v. . Comrs.Supreme Court of North Carolina · 1924

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. In Re the Foreclosure of a Certain Deed of Trust From WattsCourt of Appeals of North Carolina · 1978
  2. Clinard v. LambethSupreme Court of North Carolina · 1951
  3. Huskins v. Yancey HospitalSupreme Court of North Carolina · 1953
  4. Huskins v. Yancey Hospital, Inc.Supreme Court of North Carolina · 1953
  5. Town of Fremont v. BakerSupreme Court of North Carolina · 1952

2 more not listed; retrieve them via the Exa API.

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