Moring v. . Dickerson
Supreme Court of North Carolina
Civil Action, tried at Spring Term-, 1881, of Wake Superior Court, before SchencJc, J. This was an action to foreclose a mortgage.
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Civil Action, tried at Spring Term-, 1881, of Wake Superior Court, before SchencJc, J. This was an action to foreclose a mortgage. After the pleadings were made up there was a reference under the Code to R. T. Gray, Esq., who found the facts to be as follows : The Raleigh Co-operative Building and Loan Association, owning the land mentioned in the pleadings, on the 14th day of June, 1869, contracted to sell the same to the defendant, John Dickerson, at the price of $400, and gave him a bond.for title when the purchase money should be paid. On the 16th day of November, 1874, Dickerson and wife…
1Opinion of the Court
RíUFFIN, J.
Two questions only are presented for consideration. First, whether the two instruments, consisting of the deed from the Building and Loan Association to the defendant Dickerson, and his mortgage to the defendant Viney Farrar, executed as they were simultaneously, are to be construed as one instrument, and to operate as one assurance to her of the land which is the subject of controversy ? And if so, then whether her mortgage is to have precedence over that, under which the plaintiff is seeking to sell the land— the,same being prior in point of time.
The true rule in the construction…
2Cases cited5 opinions
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
- Curtis v. RootIllinois Supreme Court · 1858
- Bunting v. . JonesSupreme Court of North Carolina · 1878
3Cited by22 opinions
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Belvin v. Raleigh Paper Co.Supreme Court of North Carolina · 1898
- Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
- Cowardin v. AndersonSupreme Court of Virginia · 1883
- Sels v. BunnellCalifornia Supreme Court · 1898
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