# Holder v. Home Mortgage Co.

> Supreme Court of North Carolina · September 20, 1933 · 205 N.C. 207

URL: https://www.frixlaw.com/law-library/cases/3657379

## Case

- **Full name:** C. E. Holder and C. H. Holder v. Home Mortgage Company v. S. Bryant, Substitute Trustee, and Fred Moore.
- **Court:** Supreme Court of North Carolina
- **Decided:** September 20, 1933
- **Citations:** 205 N.C. 207; 170 S.E. 630; 1933 N.C. LEXIS 507
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Oue-IaM
- **Judges:** Oue-IaM
- **Cited by:** 2 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/3657379

## Opinion text

*208
Pee Oue-iaM.
This is an action brought by plaintiffs against defendants to enjoin defendants from foreclosing a certain deed of trust on a house and lot of plaintiffs’ in the town of Murphy, N. C. A restraining order was granted and on the hearing the defendants demurred
ore lenus
to the complaint and amended complaint on. the ground that it failed to state facts sufficient to constitute a cause of action. The court below sustained the demurrer and in this we think there was error. If defendants wanted the complaint made more definite or a bill of particulars, they should, on motion to the court below, have requested same. The complaint we think is sufficient to state a cause of action, though somewhat indefinite.
Injunction generally will be continued, 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 .
We do not discuss the facts set forth in the pleadings, as the case goes back for a hearing on the merits. The judgment of the court below is
Reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3657379. Public record. Not legal advice.