Thomas L. Hemphill v. . Benjamin A. Ross
Supreme Court of North Carolina
This was a civil action tried at Rail Term,“1871, of B.urke Superior Court, befóte His Honor Judge Mitchell and a ju ry. The action was brought to recover possession of land, and the following facts were developed on the trial: That one W. F. McKesson formerly owned the land, and on the 5th day of February, 1869, conveyed the same tojone Jacob Ilarshaw, to secure certain notes given for money lent by said Harshaw.
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This was a civil action tried at Rail Term,“1871, of B.urke Superior Court, befóte His Honor Judge Mitchell and a ju ry. The action was brought to recover possession of land, and the following facts were developed on the trial: That one W. F. McKesson formerly owned the land, and on the 5th day of February, 1869, conveyed the same tojone Jacob Ilarshaw, to secure certain notes given for money lent by said Harshaw. The money secured to be paid by the mortgage was to be paid by the terms of the mortgage in instalments of 8, 4 and 5 years. No payment had been made on any of the notes so secured.…
1Opinion of the Court
Dicií, J.
The mortgage executed by W. E. McKesson, to Jacob Harshaw has given rise to much litigation, which might have been avoided, if the terms of the mortgage had been more explicit, or the parties had better understood their relative legal and equitable rights.
'Upon the execution of a mortgage the motgagor becomes the the equitable owner of the lands, and this relative situation remains until the land is redeemed, or the mortgage is foreclosed. Until the day of redemption is passed the mortgagor has no special equity, but he may pay the money according to the proviso, and avoid the…
2Cases cited1 opinion
- Harshaw v. . McKessonSupreme Court of North Carolina · 1871
3Cited by20 opinions
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Williams v. . TeacheySupreme Court of North Carolina · 1881
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
- Gregg v. WilliamsonSupreme Court of North Carolina · 1957
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