# Johnson v. . Bray

> Supreme Court of North Carolina · October 3, 1917 · 174 N.C. 176

URL: https://www.frixlaw.com/law-library/cases/3647096

## Case

- **Full name:** E. R. Johnson v. W. H. Bray.
- **Court:** Supreme Court of North Carolina
- **Decided:** October 3, 1917
- **Citations:** 174 N.C. 176; 93 S.E. 728; 1917 N.C. LEXIS 49
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3647096

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3647096. Public record. Not legal advice.