Pemberton v. . Simmons
Supreme Court of North Carolina
Civil actios for recovery of land, tried before Clark, J.,. at March Term, 1887, of the Superior Court of CUMBERLAND. It is admitted that the plaintiffs are the widow and heirs at law of E. L. Pemberton, deceased. ■ They bring this action to recover the land specified in the complaint, and claim to derive title thereto through their ancestor, from George-D. Simmons, now deceased. The defendants are the widow and heirs at law of the last named person.
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Civil actios for recovery of land, tried before Clark, J.,. at March Term, 1887, of the Superior Court of CUMBERLAND. It is admitted that the plaintiffs are the widow and heirs at law of E. L. Pemberton, deceased. ■ They bring this action to recover the land specified in the complaint, and claim to derive title thereto through their ancestor, from George-D. Simmons, now deceased. The defendants are the widow and heirs at law of the last named person. It appears that on the 8th day of June, 1866, the above named George D. Simmons executed to George W. Wight-man a deed, whereof the following is…
1Opinion of the Court
Merrimon’, J.,
(after stating’the facts). It seems that the deed above recited was treated in the Court below as simply a power of attorney. This, we think, was a misapprehension, and leaves out of view its chief purpose. It is very informal and disorderly in its provisions, but it has all the essential elements of, and the parties to it intended it to be, and it was, in legal effect, a mortgage, coupled with a power of sale in the mortgagee. Its purpose was to convey the title to the land to the mortgagee, to secure the payment of the debts mentioned in it, within a period of time specified,…
2Cited by6 opinions
- Lassiter v. . RoperSupreme Court of North Carolina · 1894
- Duckworth v. . DuckworthSupreme Court of North Carolina · 1907
- Threadgill v. Commissioners of Anson CountySupreme Court of North Carolina · 1895
- Mortimer v. WilliamsCourt of Appeals of Texas · 1924
- Strouse, Loeb & Co. v. CohenSupreme Court of North Carolina · 1893
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