Purnell v. . Vaughan

77 N.C. 268

• Court: Supreme Court of North Carolina
• Decided: June 5, 1877
• Status: Published

Opinion

Pearson, C. J.

This case is stronger than Capehart v. Biggs, ante, 261. Here we have an. unascertained balance due upon the mortgage, to say nothing of the charge of usury ; the fact of an action pending for damages by reason of a failure on the part of the defendants to comply with their part of the agreement; and the fact that the power to sell the land is subject to the conditions precedent, to-wit; that the balance due is not met by a sale of the crop, and by a sale of the property contained in the chattel mortgage.'

The proceeds of the sale of the crop is stopped by an •order still pending. The sale of the horses, mules, &c., ■under the chattel mortgage is stopped by an injunction still pending. In despite of these actions now pending the defendants seek to cut the “ gordian knot,” by a sale of the land under the power in the mortgage deed. This cannot be allowed.

No error.

Per Curiam. Judgment affirmed,.