Ballard v. . Metcalf
This text of 4 S.E.2d 436 (Ballard v. . Metcalf) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Plaintiffs brought this action to restrain the sale of lands in Madison County under judgment of the Superior Court of tbat county, and under the power of sale contained in the mortgage deed, upon the grounds tbat sucb sale would sacrifice the value of the property and leave nothing to which other creditors might resort for the payment of their debts. They asked for the appointment of a receiver, to the end tbat the property might be more orderly administered, which they claim might accomplish the full satisfaction of their debts.
The defendants, in apt time, entered a motion for tbe removal of tbe cause to Madison County, where the lands lie, as tbe proper venue for trial. The plaintiffs appealed from the order of removal.
The order of removal was proper, and the judgment is
Affirmed.
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Cite This Page — Counsel Stack
4 S.E.2d 436, 216 N.C. 240, 1939 N.C. LEXIS 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballard-v-metcalf-nc-1939.