# Ferebee v. . Thomason

> Supreme Court of North Carolina · October 11, 1933 · 205 N.C. 263

URL: https://www.frixlaw.com/law-library/cases/3649924

## Case

- **Full name:** S. Scott Ferebee v. E. B. Thomason and L. O. Lohmann, Trustees, and R. G. Kittrell, Substituted Trustee.
- **Court:** Supreme Court of North Carolina
- **Decided:** October 11, 1933
- **Citations:** 205 N.C. 263; 171 S.E. 64; 1933 N.C. LEXIS 528
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 4 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/3649924

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3649924. Public record. Not legal advice.