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68 N.C. 160

Fraley v. March

Supreme Court of North Carolina

Decided January 15, 1873

Supreme Court of North Carolina · decided 1873-01-15

,^at Rowan Superior Court, at Fall Term, 1872. In his complaint, filed at Fall Term, 1872, of Rowan Superior Court, the plaintiff alleges, that on the 18th August, 1860, C. F. Fisher, the intestate of the administrators, who, together with the heirs of the said C. F. Fisher, are defendants in this action, sold a tract of land situate in the county of Davidson, to the defendant, A. H. March, for the sum of $3,500, and entered into a contract, covenanting to make title to said…

Decided 1873-01-15

Reads, J.

¶1The law of the venue of actions, with reference to the residence of the parties does not govern this case, but the law of the venue with reference to the “subject of the action.” It is substantially an action “ for the foreclosure of a mortgage of real property;” and that must be tried in the county where the land is situate. C. C. P. 66.

¶2No error. Affirmed.

¶3This will be certified.

Per Curiam.

¶4Judgment affirmed.

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