Purnell v. . Vaughan
Supreme Court of North Carolina
• MotioN for an Injunction heard at Chambers in Halifax 'on the 29th of May, 1877, before Buxton, J. The plaintiff executed two mortgage deeds to the defendants conveying certain land and chattel property to secure advancements for agricultural purposes, and alleged that the defendants had failed to comply with their part of the agreement.
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• MotioN for an Injunction heard at Chambers in Halifax 'on the 29th of May, 1877, before Buxton, J. The plaintiff executed two mortgage deeds to the defendants conveying certain land and chattel property to secure advancements for agricultural purposes, and alleged that the defendants had failed to comply with their part of the agreement. The defendants instituted proceedings to sell the crops by virtue of a power in the mortgage; and upon affidavit of the plaintiff that he was not indebted to the defendants, there was an order stopping the sale. An action of claim and delivery was then…
1Opinion of the CourtPearson, C. J.
This case is stronger than Capehart v. Biggs, ante, 261. Here we have an. unascertained balance due upon the mortgage, to say nothing of the charge of usury ; the fact of an action pending for damages by reason of a failure on the part of the defendants to comply with their part of the agreement; and the fact that the power to sell the land is subject to the conditions precedent, to-wit; that the balance due is not met by a sale of the crop, and by a sale of the property contained in the chattel mortgage.'
The proceeds of the sale of the crop is stopped by an •order still pending. The sale of…
2Cited by7 opinions
- Hammerslough v. Kansas City Building, Loan & Savings Ass'nSupreme Court of Missouri · 1883
- Hutaff v. . AdrianSupreme Court of North Carolina · 1893
- Whitehead v. . HaleSupreme Court of North Carolina · 1896
- Pritchard v. . SandersonSupreme Court of North Carolina · 1881
- Howell v. . PoolSupreme Court of North Carolina · 1885
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