Averitt v. . Elliott
Supreme Court of North Carolina
This was an ACTION for possession of land, tried at the November Term, 1890, of the Superior Court of Cuberland County, before MacRae, J. The complaint was in the usual form adopted in such cases, and the answer contained only a general denial of the allegations of title and right to possession and damages for detention.
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This was an ACTION for possession of land, tried at the November Term, 1890, of the Superior Court of Cuberland County, before MacRae, J. The complaint was in the usual form adopted in such cases, and the answer contained only a general denial of the allegations of title and right to possession and damages for detention. In addition to the three issues involving these denials, the following was submitted by the Court, numbered 4, viz.: “4. Was the sale by John Averitt under the mortgage, and the bidding in by Nimocks, and assignment of the bid to the plaintiff, an arrangement by which the…
1Opinion of the Court
Avery, J.:
Where a mortgagee of land purchases at his own sale, directly or by an agent, though he may convey to the agent and have the latter reconvev to him, the effect is to vest the legal estate in the mortgagee in the same plight and condition as he held it under the mortgagee, subject to the right of the mortgagor to redeem. Joyner v. Farmer, 78 N. C., 198.
The sale by the mortgagee is not void, but only voidable. Joyner v. Farmer, supra. The mortgagee has the right to recover possession at any time, as against the defaulting mortgagor, in an action brought for that purpose, whether he…
2Cases cited5 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Breeden v. . McLaurinSupreme Court of North Carolina · 1887
- Montague v. . BrownSupreme Court of North Carolina · 1889
- Ellison v. . RixSupreme Court of North Carolina · 1881
- Willis v. . BranchSupreme Court of North Carolina · 1886
3Cited by9 opinions
- Toler v. . FrenchSupreme Court of North Carolina · 1938
- Smith v. Greensboro Joint Stock Land BankSupreme Court of North Carolina · 1938
- Owens v. Branning Manufacturing Co.Supreme Court of North Carolina · 1915
- Council v. Greensboro Joint Stock Land BankSupreme Court of North Carolina · 1938
- Peedin v. . OliverSupreme Court of North Carolina · 1943
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