Stewart v. . Bardin

Supreme Court of North Carolina

Stewart v. . Bardin

18 S.E. 320, 113 N.C. 277

DecidedSeptember 5, 1893

StatusPublished

This text of 18 S.E. 320 (Stewart v. . Bardin) 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.

Bluebook

Stewart v. . Bardin, 18 S.E. 320, 113 N.C. 277 (N.C. 1893).

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Opinion

BuRwell, J.:

The mortgage which the plaintiffs seek to foreclose in this action has in it no power of sale, and provides that, after default, the mortgagee or his assigns may take possession of the mortgaged premises and receive the rents “until the rights of the parties shall be fully adjusted according to law.” We find nothing in this inconsistent with plaintiff's assertion of right to have the land sold under a *279 decree of foreclosure if the debt is not paid. It only incorporates in the deed, as an express stipulation between the parties, what the law, without its insertion therein, would have adjudged to be the mortgagee’s rights. The right to receive the rents after default is in nowise inconsistent with the asserted' right to have the land itself sold.

No Error.

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BuRwell, J.:

The mortgage which the plaintiffs seek to foreclose in this action has in it no power of sale, and provides that, after default, the mortgagee or his assigns may take possession of the mortgaged premises and receive the rents “until the rights of the parties shall be fully adjusted according to law.” We find nothing in this inconsistent with plaintiff's assertion of right to have the land sold under a *279 decree of foreclosure if the debt is not paid. It only incorporates in the deed, as an express stipulation between the parties, what the law, without its insertion therein, would have adjudged to be the mortgagee’s rights. The right to receive the rents after default is in nowise inconsistent with the asserted' right to have the land itself sold.

No Error.

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Bluebook (online)

18 S.E. 320, 113 N.C. 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-bardin-nc-1893.