Supreme Court of North Carolina, 1917

Johnson v. . Bray

Johnson v. . Bray
Supreme Court of North Carolina · Decided October 3, 1917 · Brown
93 S.E. 728; 174 N.C. 176; 1917 N.C. LEXIS 49 (South Eastern Reporter)

Johnson v. . Bray

Opinion of the Court

Brown, J.

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.

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.

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

No error.

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