Supreme Court of North Carolina, 1893

Stewart v. . Bardin

Stewart v. . Bardin
Supreme Court of North Carolina · Decided September 5, 1893 · BuRwell
18 S.E. 320; 113 N.C. 277 (South Eastern Reporter)

Stewart v. . Bardin

Opinion of the Court

BuRwell, J.:

The mortgage which the plaintiffs seek to foreclose in this action has in it no power of sale, and provides that, after default, the mortgagee or his assigns may take possession of the mortgaged premises and receive the rents “until the rights of the parties shall be fully adjusted according to law.” We find nothing in this inconsistent with plaintiff's assertion of right to have the land sold under a *279 decree of foreclosure if the debt is not paid. It only incorporates in the deed, as an express stipulation between the parties, what the law, without its insertion therein, would have adjudged to be the mortgagee’s rights. The right to receive the rents after default is in nowise inconsistent with the asserted' right to have the land itself sold.

No Error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.