(DOWNLOAD) "County Of Johnston V. Ellis" by Supreme Court of North Carolina ~ eBook PDF Kindle ePub Free
eBook details
- Title: County Of Johnston V. Ellis
- Author : Supreme Court of North Carolina
- Release Date : January 01, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
On the facts of record the judgment of the court below holding valid and binding upon the appellants the judgment and commissioner's deed in the mortgage foreclosure proceeding cannot be sustained. The judgment is based on the theory that the foreclosure judgment attacked by the appellants, if defective at all, was at most merely irregular, and that the movents had shown no meritorious defense in their application to vacate it. We have the impression, however, that the defects of which appellants complain go to the jurisdiction: (a) Want of jurisdiction in the court to entertain the mortgage foreclosure proceeding within the frame of the tax suit, either while the latter was pending or after that controversy had ended; (b) want of legal representation of the minor children of J. R. Ellis, equitable owners of the land, when the foreclosure judgment was taken, or during any part of that proceeding; and (c) want of jurisdiction on the part of the clerk to render a default judgment upon the "interplea" or affidavits, documents and other evidence made the basis for the judgment for debt, and to adjudge the incidental foreclosure of the mortgage securing it.
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