First Carolina's Joint-Stock Land Bank, Inc. v. Stewart

Supreme Court of North Carolina

First Carolina's Joint-Stock Land Bank, Inc. v. Stewart

179 S.E. 463, 208 N.C. 139, 1935 N.C. LEXIS 343

CourtSupreme Court of North Carolina

DecidedApril 10, 1935

StatusPublished

Cited by5 cases

This text of 179 S.E. 463 (First Carolina's Joint-Stock Land Bank, Inc. v. Stewart) 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.

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First Carolina's Joint-Stock Land Bank, Inc. v. Stewart, 179 S.E. 463, 208 N.C. 139, 1935 N.C. LEXIS 343 (N.C. 1935).

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Opinion

CoNnoe, J.

The matters contained in the allegations in the further answer of the defendants, which were stricken out, on the motion of the plaintiff, do not constitute a defense to the cause of action alleged in the complaint. They are, therefore, immaterial and irrelevant, and were *140 properly stricken from tbe answer. C. S., 537. They were material and relevant only on the motion to confirm the sale of the land conveyed by the deed of trust, which was duly reported to the clerk of the Superior Court of Beaufort County, and confirmed by him. O. S., 2591. This sale is not subject to collateral attack in this action.

It would seem from the allegations in their answer that the defendants were dealt with harshly by the plaintiff, but the Court is without power to give them relief in this action. The plaintiff does not in this action invoke the equitable powers of the Court. It is content to have only its legal remedy. The order must be

Affirmed.

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CoNnoe, J.

The matters contained in the allegations in the further answer of the defendants, which were stricken out, on the motion of the plaintiff, do not constitute a defense to the cause of action alleged in the complaint. They are, therefore, immaterial and irrelevant, and were *140 properly stricken from tbe answer. C. S., 537. They were material and relevant only on the motion to confirm the sale of the land conveyed by the deed of trust, which was duly reported to the clerk of the Superior Court of Beaufort County, and confirmed by him. O. S., 2591. This sale is not subject to collateral attack in this action.

It would seem from the allegations in their answer that the defendants were dealt with harshly by the plaintiff, but the Court is without power to give them relief in this action. The plaintiff does not in this action invoke the equitable powers of the Court. It is content to have only its legal remedy. The order must be

Affirmed.

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Bluebook (online)

179 S.E. 463, 208 N.C. 139, 1935 N.C. LEXIS 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-carolinas-joint-stock-land-bank-inc-v-stewart-nc-1935.

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