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174 N.C. 176

93 S.E 728

Johnson v. . Bray

Supreme Court of North Carolina

Decided October 3, 1917

Supreme Court of North Carolina · decided 1917-10-03

Civil actioN, in the nature of claim and delivery, to recover possession of certain personal property described in a mortgage from defendant to one Hampton, and assigned to plaintiff, tried-at May (Special) Term, 1917, Bond, J., in Cueeituce: Superior Court. At tbe time of commencing tbe action tbe debt was past due. These issues were submitted: 1. What balance, if anything, is due by defendant Bray to plaintiff Johnson on note referred to in complaint?

Decided 1917-10-03

Brown, J.

¶1 The principal contention of defendant is that plaintiff cannot recover in an action for the possession of the mortgaged property because he is not the mortgagee, but only an assignee of the debt secured by the mortgage. The contention cannot be maintained.

¶2 It is expressly decided in Satterthwaite v. Ellis, 129 N. C., 67, that the assignee of a chattel mortgage is entitled to the possession of the property before the mortgage becomes due. If so, the assignee is certainly entitled to such possession after the debt falls due. 11 Corp. Juris, 671, sec. 432; 5 R. C. L., 473; 64 L. R. A., 618, and notes.

¶3 The other assignments of error are without merit and need not be discussed.

¶4 No error.

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