Barber v. . Wadsworth
Supreme Court of North Carolina
Civil actioN, heard by consent of all parties, before Bryan, J., at chambers, in Newbern, N. 0., on a case agreed as follows: “ 1. That R. A. Russell was the owner of the land hereinafter described, and on the 1st day of November, 1884, executed a mortgage deed thereon to Susan J. Dudley, which was on the 7th day of November, 1884, duly recorded in the office of the Register of Deeds of Craven County, in Book No. 89, pages 42, 43 and 44, to which reference is hereby made for…
Read the full summary
Civil actioN, heard by consent of all parties, before Bryan, J., at chambers, in Newbern, N. 0., on a case agreed as follows: “ 1. That R. A. Russell was the owner of the land hereinafter described, and on the 1st day of November, 1884, executed a mortgage deed thereon to Susan J. Dudley, which was on the 7th day of November, 1884, duly recorded in the office of the Register of Deeds of Craven County, in Book No. 89, pages 42, 43 and 44, to which reference is hereby made for a full description of the land therein conveyed. “ 2. That, on the 23d day of April, 1888, for value received, the said…
1Opinion of the Court
Clare, J.:
The mortgage to Susan J. Dudley having been recorded, the purchaser of the pi’operty or any part thereof from the mortgagor or his grantee took the same subject to the mortgage. Had the mortgage debt been paid, this would have discharged the mortgage by its terms, but there has been no payment in this case. The mortgage could, therefore, only have been released so as to affect purchasers at a sale under the mortgage by a cancellation on the margin of the registration thereof (The Code, § 1271), or by a reconveyance of the mortgaged property duly recorded. Neither was done. The…
2Cases cited1 opinion
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
3Cited by7 opinions
- State v. . LevySupreme Court of North Carolina · 1924
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- State v. LevySupreme Court of North Carolina · 1924
- North State Piano Co. v. SpruillSupreme Court of North Carolina · 1909
- Blalock v. . StrainSupreme Court of North Carolina · 1898
2 more not listed; retrieve them via the Exa API.