91 S.E. 525 | N.C. | 1917
The only question presented is the validity of a sale of land at the courthouse door in Moore County under a mortgage which provided that in case of default it should be sold "at the court house door in Moore." At the time the mortgage was executed (in 1906) the land lay in Moore County, but prior to the time of sale (in 1915) (61) it had been placed in the new county of Lee. There is no allegation of bad faith, the sole contention of plaintiff being that the land should have been advertised and sold at the courthouse door in Lee.
In McIver v. Smith,
In Eubanks v. Becton,
In McIver v. Smith,
"If the power provides that the sale is to be made on the premises, or names any other place, of course the sale must be notified for that place, and it must be made at that place." Perry on Trusts, sec. 602r. If a mortgage or deed of trust specifies the place where the sale is to be made, it must be strictly obeyed. 27 Cyc., 1476.
In McConneaughey v. Bogardus,
It not being denied that this sale under the mortgage was in all (62) respects regular and fair; that there was a balance due on the note secured by the mortgage, and that the land was sold in exact accordance with the terms of the power of sale and at the place designated, the judgment is
Affirmed.
Cited: Hogan v. Utter,