Opinion

Arey Brick & Lumber Co. v. Waggoner

  • 198 N.C. 221
Court
Supreme Court of North Carolina
Filed
Jan 22, 1930
Status
Published
Author
Beogden
On the bench
Beogden
Cited by
1 cases
Authority
More cited than 46.9%

The opinion

Beogden, J.

The mortgage contained a power of sale, which power was to be exercised upon default in the payment of installments of indebtedness, and the evidence discloses default in the payment of the installments, and demand made upon the mortgagee to sell the land described in the mortgage.

The plaintiff seeks to set aside the deed of the mortgagee, made pursuant to the terms of the mortgage, upon the ground of fraud. There was no evidence of fraud introduced at the hearing, and therefore the judgment of nonsuit was properly entered. Furthermore, in the absence of evidence to the contrary, there is a presumption in favor of the regularity of the execution of the power of sale in a, mortgage or deed of trust. Jenkins v. Griffin, 175 N. C., 184 , 95 S. E., 166 ; Brown v. Sheets, 197 N. C., 268 .

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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