Mosby v. . Hodge
Supreme Court of North Carolina
Mortgage Deed — Power of Sale. Motion to dissolve an Injunction, heard at Chambers in Baleioh, on the 13th of October, 1876, before Watts, J. The action was commenced in the Superior Court of Warren County, and the plaintiff obtained an order restraining the defendant from selling certain lands under a power contained in a mortgage deed. The facts stated by the Chief Justioe in delivering the opinion of this Court are sufficient to an understanding of the points decided.
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Mortgage Deed — Power of Sale. Motion to dissolve an Injunction, heard at Chambers in Baleioh, on the 13th of October, 1876, before Watts, J. The action was commenced in the Superior Court of Warren County, and the plaintiff obtained an order restraining the defendant from selling certain lands under a power contained in a mortgage deed. The facts stated by the Chief Justioe in delivering the opinion of this Court are sufficient to an understanding of the points decided. His Honor in the Court below, upon the pleadings and af-* fidavits of the parties, ordered that the Injunction be dissolved…
1Opinion of the Court
PeáRSON, O. J.
In Whitehead v. Hellen and Kornegay v. Spicer, decided at this term, the practice of inserting in a, mortgage a power of sale by the mortgagee is fully discussed audit is held that such*powers are looked upon by the Courts witli extreme jealousy, because the mortgagor is thereby put entirely in the power of the mortgagee.
The exercise of the power is only allowed in plain cases when there is no complication and no controversy as to the amount due upon the mortgage debt and the power is given merely to avoid the expense of foreclosing the mortgage by action ; but that when there…
2Cited by6 opinions
- Mayer v. . AdrianSupreme Court of North Carolina · 1877
- Capehart v. . BiggsSupreme Court of North Carolina · 1877
- Shew v. . CallSupreme Court of North Carolina · 1896
- Bridgers v. W. H. Morris & SonsSupreme Court of North Carolina · 1884
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
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