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Smith v. Agricultural Corp.

Supreme Court of North Carolina
Jan 1, 1934
172 S.E. 926 (N.C. 1934)

Opinion

(Filed 10 January, 1934.)

Mortgages H b —

Judgment continuing to final hearing a temporary order restraining foreclosure of mortgage upon real dispute as to the accuracy of description and the amount secured by the mortgage is affirmed on authority of Parker Co. v. Bank, 200 N.C. 441.

APPEAL by defendants from Moore, Special Judge, at March Term, 1933, of WAYNE.

W. A. Dees for plaintiff.

Wyatt E. Blake for defendant corporation.


Civil action to restrain foreclosure of deed of trust until the accuracy of the description of the lands intended to be conveyed thereby can be ascertained, and the amount of the debt secured thereby can be determined — there being a dispute as to the correctness of both.

From a judgment continuing the temporary restraining order to the final hearing, the defendants appeal.


Affirmed on authority of Parker Co. v. Bank, 200 N.C. 441, 157 S.E. 419, Wilson v. Trust Co., ibid., 788, 158 S.E. 479, and Broadhurst v. Brooks, 184 N.C. 123, 113 S.E. 576.

Affirmed.


Summaries of

Smith v. Agricultural Corp.

Supreme Court of North Carolina
Jan 1, 1934
172 S.E. 926 (N.C. 1934)
Case details for

Smith v. Agricultural Corp.

Case Details

Full title:RAY S. SMITH v. INTERNATIONAL AGRICULTURAL CORPORATION ET AL

Court:Supreme Court of North Carolina

Date published: Jan 1, 1934

Citations

172 S.E. 926 (N.C. 1934)
205 N.C. 846