Opinion

Ferebee v. . Thomason

  • 205 N.C. 263
  • 171 S.E. 64
  • 1933 N.C. LEXIS 528
Court
Supreme Court of North Carolina
Filed
Oct 11, 1933
Status
Published
On the bench
PER CURIAM.
Cited by
4 cases
Authority
More cited than 57.7%

The opinion

Per Curiam.

The questions involved: (1) Did the court err in preserving the

status quo

upon the facts set forth in this action and appear

*265

ing from tbe pleadings? (2) Did tbe court err in making tbe Home Mortgage Corporation and First and Merchants National Bank of Richmond, Ya., parties 'defendant, where it appeared upon the record that they claimed to be beneficiaries under the deed of trust sought to be foreclosed?

We

think both questions must be answered in the negative.

In

Holder v. Mortgage Co., ante,

207 (208), speaking to the subject, we find: “Injunctions generally will continue, where it will not harm defendant and may cause great injury to plaintiff, if dissolved.

Wentz v. Land Co.,

193 N. C., 32 ;

Brinkley v. Norman,

190 N. C., 851 ;

Cullins v. State College,

198 N. C., 337 . Temporary restraining order will be continued until hearing, where serious controversy exists, and continuance cannot harm defendant, while dissolving might injure plaintiff,

Brown v. Aydlett,

193 N. C., 832 .”

There was no error in the court below making the

cestuis qioe trustent

parties to the action. This matter was decided in

Bank v. Thomas,

204 N. C., 599 . The judgment of the court below is

Affirmed.

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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