Tilley v. . Lindsay

Supreme Court of North Carolina

Tilley v. . Lindsay

172 S.E. 356, 205 N.C. 824, 1934 N.C. LEXIS 83

DecidedJanuary 24, 1934

StatusPublished

This text of 172 S.E. 356 (Tilley v. . Lindsay) 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

Tilley v. . Lindsay, 172 S.E. 356, 205 N.C. 824, 1934 N.C. LEXIS 83 (N.C. 1934).

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Opinion

Pee, CueiaM.

This is a civil action in which the court dissolved an order restraining the defendants from foreclosing a deed of trust. A eonsent judgment had previously been rendered by which the defendant, C. L. Lindsay, recovered of the plaintiffs $1,650 with interest from 21 February, 1929, until paid. It was agreed that foreclosure should be delayed for a period of six months, provided the plaintiffs should pay Lindsay $25.00 on 25th day of each month during this period. Whether these payments were made is immaterial. The trustee did not undertake to foreclose the deed of trust until after the expiration of the six-month period and the plaintiffs do not claim to have paid the debt or to have tendered any amount on the judgment. Judgment

Affirmed.

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Pee, CueiaM.

This is a civil action in which the court dissolved an order restraining the defendants from foreclosing a deed of trust. A eonsent judgment had previously been rendered by which the defendant, C. L. Lindsay, recovered of the plaintiffs $1,650 with interest from 21 February, 1929, until paid. It was agreed that foreclosure should be delayed for a period of six months, provided the plaintiffs should pay Lindsay $25.00 on 25th day of each month during this period. Whether these payments were made is immaterial. The trustee did not undertake to foreclose the deed of trust until after the expiration of the six-month period and the plaintiffs do not claim to have paid the debt or to have tendered any amount on the judgment. Judgment

Affirmed.

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Bluebook (online)

172 S.E. 356, 205 N.C. 824, 1934 N.C. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tilley-v-lindsay-nc-1934.