North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 67Nichols & Gorman, book and job printers, 1872 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
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Page 50
... secured by the terms of a mort- gage from the defendant to Shaver , which is set out in the opinion of the Court . The note to Moore was executed before the date of the mortgage . Shaver , having sold the mortgaged property , applied ...
... secured by the terms of a mort- gage from the defendant to Shaver , which is set out in the opinion of the Court . The note to Moore was executed before the date of the mortgage . Shaver , having sold the mortgaged property , applied ...
Page 51
... secured by the mortgage , the proceed- ings should be dismissed , otherwise judgment should be ren- dered for the plaintiff . His Honor being of opinion that said note was secured , gave judgment against the plaintiffs , and they ...
... secured by the mortgage , the proceed- ings should be dismissed , otherwise judgment should be ren- dered for the plaintiff . His Honor being of opinion that said note was secured , gave judgment against the plaintiffs , and they ...
Page 53
... secured in the mortgage , yet after the mortgagee sold the property and had in his hands more than enough to satisfy the mortgage , he would be entitled to retain to secure his liability outside the mortgage ; but the case agreed does ...
... secured in the mortgage , yet after the mortgagee sold the property and had in his hands more than enough to satisfy the mortgage , he would be entitled to retain to secure his liability outside the mortgage ; but the case agreed does ...
Page 93
... secured from other sources ; Held that the evidence should be permitted to go to the jury for what it was worth . In such case , the trustee having died and the property having been con- veyed by a substituted trustee to the defendants ...
... secured from other sources ; Held that the evidence should be permitted to go to the jury for what it was worth . In such case , the trustee having died and the property having been con- veyed by a substituted trustee to the defendants ...
Page 94
... secured in the deed , and that the deed was made just a few days before the plaintiff's judgment was recovered , and that it conveyed all Smith's tangible property , he owning other property ; and that the proceeds of the property ...
... secured in the deed , and that the deed was made just a few days before the plaintiff's judgment was recovered , and that it conveyed all Smith's tangible property , he owning other property ; and that the proceeds of the property ...
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Common terms and phrases
ADM'R alleged allowed amount appeal assumpsit bona fide bona fide purchaser bonds charge Charlotte choses in action cited and approved civil action claim Clerk complaint Confederate money contract convey cotton counsel Court of Equity creditors CURIAM debt debtor declared deed defendant defendant's dollars endorsement entitled equity error evidence EX'R execution executor facts Fall Term filed fraud guardian Harshaw held Honor indictment interest issued J. H. Wilson Jones Judge Judgment affirmed jury Justice land legacy liable ment Merrimon motion North Carolina notice objection opinion paid parties payment person plaintiff plat pleadings possession prisoner proceedings proved purchaser question Railroad Company real estate received recover reference refused rule secured sell sheriff sheriff's deed Smith sold SOUTHERN EXPRESS COMPANY Spring Term statute Superior Court Supreme Court sureties testator tion tract trial Trollinger trust Turner Venire de novo verdict ward wife witness
Popular passages
Page 177 - Court is bound to give such judgment as the Court below ought to have given.
Page 243 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 147 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 4 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished, and there shall be, in this state, hereafter, but one form of action, for the enforcement, or protection of private rights, and the redress of private wrongs, which shall be denominated a civil action.
Page 451 - The undertaking on appe.al must be in writing, and must be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars; or that sum must be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal.
Page 7 - That in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.
Page 392 - And where a suit is now pending, or may be hereafter brought, in any State court, in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State...
Page 16 - The flight of a person suspected of crime is a circumstance to be weighed by the jury as tending in some degree to prove a consciousness of guilt, and is entitled to more or less weight, according to the circumstances of the particular case. Such evidence is received, not as a part of the res gestae of the criminal act itself, but as indicative of a guilty mind.
Page 131 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...
Page 242 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.