Scott v. Lane

Decided September 15, 1891

Supreme Court of North Carolina · decided 1891-09-15

Civil actior, to recover the possession of land, tried before MacRae, J., at December Term, 1890, of Guilford Superior Court. The following issues were agreed on and submitted to the jury: 1. Is the plaintiff the owner and entitled to the possession of the land described in the complaint? 2. Does the defendant wrongfully withhold possession of the same from the plaintiff? 3. What damages, if any, has the plaintiff sustained ?

Cited by 1 later decisions — most recently October 1913

1 state decisions

Relies on Hughes v. . Hodges

Good law ✅— No negative treatment on recordhow we know

Decided 1891-09-15

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Claek, J.:

¶1According to the defendant’s testimony, he was indebted to no one else when he executed the mortgages, and there is nothing in the pleadings and evidence to indicate that the mortgaged property had theretofore been allotted as a homestead. There was no restriction, therefore, upon the owner’s jus disponendi, and the purchaser, at the sale under the mortgage, acquired a good title as against the defendant mortgagor, subject to the contingent right of dower of the wife if she should survive him. A case exactly in point is Hughes v. Hodges, 102 N. C. 236; Ib., 262.

¶2Upon the evidence, the Court should have instructed the jury to return a verdict for the plaintiff.

¶3Error.