Affirmed on authority of Parker Co. v. Bank, 200 N. C., 441, 157 S. E., 419, Wilson v. Trust Co., ibid., 788, 158 S. E., 479, and Broadhurst v. Brooks, 184 N. C., 123, 113 S. E., 576.
Affirmed.
Smith v. International Agricultural Corp., 205 N.C. 846 (1934)
Jan. 10, 1934
·
Supreme Court of North Carolina
205 N.C. 846
RAY S. SMITH v. INTERNATIONAL AGRICULTURAL CORPORATION et al.
(Filed 10 January, 1934.)
Mortgages H b—
Judgment continuing to final bearing a temporary order restraining foreclosure of mortgage upon real dispute as to tbe accuracy of description and the amount secured by tbe mortgage is affirmed on authority of Parker Oo. v. Bank, 200 N. C., 441.
Appeal by defendants from Moore, Special Judge, at March Term, 1933, of "Wayne.
Civil action to restrain foreclosure of deed of trust until tbe accuracy of tbe description of tbe lands intended to be conveyed thereby can be ascertained, and tbe amount of tbe debt secured thereby can be determined — there being a dispute as to tbe correctness of both.
From a judgment continuing tbe temporary restraining order to tbe final bearing, tbe defendants appeal.
W. A. Dees for plaintiff.
Wyatt E. Blake for defendant corporation.