Supreme Court of North Carolina, 1939

Ballard v. . Metcalf

Ballard v. . Metcalf
Supreme Court of North Carolina · Decided September 27, 1939 · PER CURIAM.
4 S.E.2d 436; 216 N.C. 240; 1939 N.C. LEXIS 134 (South Eastern Reporter, Second Series)

Ballard v. . Metcalf

Opinion of the Court

Per Curiam.

Plaintiffs brought this action to restrain the sale of lands in Madison County under judgment of the Superior Court of tbat county, and under the power of sale contained in the mortgage deed, upon the grounds tbat sucb sale would sacrifice the value of the property and leave nothing to which other creditors might resort for the payment of their debts. They asked for the appointment of a receiver, to the end tbat the property might be more orderly administered, which they claim might accomplish the full satisfaction of their debts.

The defendants, in apt time, entered a motion for tbe removal of tbe cause to Madison County, where the lands lie, as tbe proper venue for trial. The plaintiffs appealed from the order of removal.

The order of removal was proper, and the judgment is

Affirmed.

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