Ballard v. Metcalf, 216 N.C. 240 (1939)

Sept. 27, 1939 · Supreme Court of North Carolina

216 N.C. 240

J. T. BALLARD and Wife, M. A. BALLARD, v. JOHN METCALF, BERRY ENGLISH, JOHN McELROY, Trustee, and R. W. WILSON.

(Filed 27 September, 1939.)

Venue § 2a—

An action by creditors to enjoin foreclosure of a deed of trust on tbe debtor’s land and for tbe appointment of a receiver is properly removed to the county in which the land is situate upon defendants’ motion.

Appeal by plaintiffs from Ervin, Jr., J., at January Special Term, 1939, of Yancey.

Affirmed.

Charles Hutchins for plaintiffs, appellants.

Roberts & Baley and John H. McElroy for defendants, appellees.

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.