The Encyclopedic Digest of North Carolina Reports; Being a Complete Encyclopedia and Digest of All the North Carolina Case Law Up to and Including Volume 167, North Carolina Reports, and Volumes 1 to 83, Southeastern Reporter Volume 1

The Encyclopedic Digest of North Carolina Reports; Being a Complete Encyclopedia and Digest of All the North Carolina Case Law Up to and Including Volume 167, North Carolina Reports, and Volumes 1 to 83, Southeastern Reporter Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...power of sale upon default. Eshon 1'. Board, 95 N. C. 75. "Manifestly the clerk had no authority to accept the notes mentioned, as security, and his act-ion in that respect went for naught. He only had authority to accept the undertaking, or deposit of money, in lieu of it, as allowed by the statute (the Code, 552). and if these had been waived as they might have been, by the written consent of the appellee, the appeal would have come to this court without security." Eshon 1'. Board. 95 C. T5. 76. "It was suggested on the argument. that it might be competent for the clerk to take a mortgage of real property as security, upon appeal, as allowed by the statute (Laws 1874-'75, Chap. 103; the Code. 117). If this be granted, that statute was not complied with, either in its terms or effect. It requires the mortgage to be of real property, made to the party to whom the undertaking would be required to be made, conditioned to the same effect as such undertaking, with power of sale, which power might be executed upon a breach of any of the conditions of the mortgage, after advertisement for thirty days. The mortgage must be made for the purposes prescribed. The statute is exceptional in its provisions, and must be strictly observed. In this case, the mortgage deposited with the clerk was not made to the appellee, nor for the purposes of or in lieu of the undertaking upon appeal. The clerk had no authority to accept it, and it can not serve the purpose of the law." Eshon '0. Board, 95 N. C. Extension of Statutes Allowing Suits in Forma Pauperis.---It was formerly held that a statute authorizing persons to sue in forma pauperis does not extend to writs of appeals, Mitchell 11. Sloan, 69 N. C. 10, but in a later...show more

Product details

  • Paperback | 494 pages
  • 189 x 246 x 25mm | 875g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236742419
  • 9781236742414