North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 132Nichols & Gorman, book and job printers, 1908 Cases argued and determined in the Supreme Court of North Carolina. |
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Results 1-5 of 100
Page 6
... MORTGAGES - Assumpsit - Judgments . A judgment creditor of a mortgagor can not maintain assumpsit against a mortgagee for a surplus arising from a sale under the mortgage and paid to the mortgagor . 2. MORTGAGES - Sale - Liens - Notice ...
... MORTGAGES - Assumpsit - Judgments . A judgment creditor of a mortgagor can not maintain assumpsit against a mortgagee for a surplus arising from a sale under the mortgage and paid to the mortgagor . 2. MORTGAGES - Sale - Liens - Notice ...
Page 7
... mortgage with power of sale , conveying a tract of land in Washington County , for the purpose of securing a note for $ 500 . There- after , the said Blount transferred and assigned the said note and mortgage o the defendant . The ...
... mortgage with power of sale , conveying a tract of land in Washington County , for the purpose of securing a note for $ 500 . There- after , the said Blount transferred and assigned the said note and mortgage o the defendant . The ...
Page 8
... mortgage , vested in the heirs at law of Blount upon the trusts declared in the mortgage . The power of sale vested in him , devolved upon his executors pur- suant to the provisions of the Act of 1887 , as amended by the Act of 1901 ...
... mortgage , vested in the heirs at law of Blount upon the trusts declared in the mortgage . The power of sale vested in him , devolved upon his executors pur- suant to the provisions of the Act of 1887 , as amended by the Act of 1901 ...
Page 9
... mortgage , or whether he is entitled to actual notice of such incumbran- ces , before he is required to withhold the money and refuse to pay to the mortgagee . We are of the opinion that the mort- gagee is not under any obligation to ...
... mortgage , or whether he is entitled to actual notice of such incumbran- ces , before he is required to withhold the money and refuse to pay to the mortgagee . We are of the opinion that the mort- gagee is not under any obligation to ...
Page 10
... mortgages is insufficient . The reason of the rule is apparent . The Franklin Bank looks to the property covered by its mortgage for payment , and that being received , not knowing that there are junior mortgagees whose rights may be ...
... mortgages is insufficient . The reason of the rule is apparent . The Franklin Bank looks to the property covered by its mortgage for payment , and that being received , not knowing that there are junior mortgagees whose rights may be ...
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Common terms and phrases
adverse possession Affirmed agent alleged amount answer April 21 bank bond Buncombe County burden Canal Carolina cause of action charge claim Code complaint conductor contract contributory negligence conveyed corporation counsel County court of equity covenant creditors damages Davis debt decision deed defendant defendant appealed defendant excepted defendant's demurrer duty entitled equity error evidence execution facts fendant fraud grant heard by Judge heirs held Honor injury instruction intention interest intestate issue judgment jury Justice LAKE DRUMMOND land liable LUMBER ment mortgage motion non-suit North Carolina notice opinion owner paid parties payment person plaintiff pleadings possession proceeding purchase purpose question railroad company RAILWAY reason received recover rule says Smith statute of limitations sufficient Superior Court sustained TELEGRAPH Term testator testified testimony thereof tiff tion tract train trial trust verdict wife witness
Popular passages
Page 562 - Homestead, used therewith, not exceeding in value one thousand dollars, to be selected by the owner thereof, or in lieu thereof, at the option of the owner, any lot in a city, town or village, with the dwelling and...
Page 602 - A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition.
Page 186 - All courts shall be open, and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.
Page 492 - ... or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers
Page 517 - ... access to the navigable part of the river from the front of his lot, the right to make a landing, wharf or pier for his own use or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever these may be.
Page 738 - A testator is always presumed to use the words, in which he expresses himself, according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense ; in which case the sense, in which he thus appears to have used them, will be the sense in which they are to be construed.
Page 357 - The principal argument of plaintiff in error is addressed to the refusal of the court to direct a verdict in favor of defendant...
Page 636 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 683 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 68 - Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section one hundred and thirteen ; but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract.