Johnson v. . Bray
This text of 93 S.E. 728 (Johnson v. . Bray) 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
The principal contention of defendant is that plaintiff cannot recover in an action for the possession of the mortgaged property because he is not the mortgagee, but only an assignee of the debt secured by the mortgage. The contention cannot be maintained.
It is expressly decided in Satterthwaite v. Ellis, 129 N. C., 67, that the assignee of a chattel mortgage is entitled to the possession of the property before the mortgage becomes due. If so, the assignee is certainly entitled to such possession after the debt falls due. 11 Corp. Juris, 671, sec. 432; 5 R. C. L., 473; 64 L. R. A., 618, and notes.
The other assignments of error are without merit and need not be discussed.
No error.
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Cite This Page — Counsel Stack
93 S.E. 728, 174 N.C. 176, 1917 N.C. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-bray-nc-1917.