Opinion

Johnson v. . Bray

  • 174 N.C. 176
  • 93 S.E. 728
  • 1917 N.C. LEXIS 49
Court
Supreme Court of North Carolina
Filed
Oct 3, 1917
Status
Published
Author
Brown
On the bench
Brown
Cited by
0 cases
Authority
More cited than 42.3%

The opinion

Brown, J.

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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