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110 N.C. 413

14 S.E 974

Turner v. . Mebane

Supreme Court of North Carolina

Decided February 5, 1892

Supreme Court of North Carolina · decided 1892-02-05

<p> Moving Rouse off Mortgaged Premises. </p> <p>Moving a house off mortgaged premises does not impair the lien upon it, and a decree of sale, with leave to the purchaser to remove, cannot be objected to by the mortgagor.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1892-02-05

How this case has been cited

Cited by 5 later decisions — most recently March 1941

5 state decisions

10189219001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Clark, J.:

¶1 The defendant mortgagor moved the house from the mortgaged premises across the road to another tract, also belonging to him but not covered by the mortgage. This certainly could not impair the mortgage lienjupon the house. If it could, in these days when house-moving machinery has been so greatly perfected, there would be a serious impairment of the security of all mortgages on improved real estate.. The Court decreed a sale of the house in its new situs under the mortgage, with leave to the purchaser to remove, or roll the building off again. We can perceive no grounds, legal or equitable, upon which the *414 defendant can object to this.. The plaintiff does not ask for more, and the rights of third parties are no.t involved.

¶2 ' It does not appear that the building was attached to the freehold, and it is unnecessary to discuss the effect of such attachment in this case, if any.

¶3 No error.

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