{
  "id": 8625141,
  "name": "IN THE MATTER OF THE MORTGAGE FORECLOSURE, EXECUTED BY CLARENCE JERNIGAN AND WIFE, SALLIE JERNIGAN, TO RUPERT W. JERNIGAN, AND DULY ASSIGNED TO THE BANK OF BEAUFORT",
  "name_abbreviation": "In re the Mortgage Foreclosure",
  "decision_date": "1931-04-15",
  "docket_number": "",
  "first_page": "636",
  "last_page": "637",
  "citations": [
    {
      "type": "official",
      "cite": "200 N.C. 636"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "194 N. C., 222",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8601677
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc/194/0222-01"
      ]
    },
    {
      "cite": "194 N. C., 222",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8601677
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/194/0222-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 187,
    "char_count": 2348,
    "ocr_confidence": 0.463,
    "pagerank": {
      "raw": 1.2240919645422112e-07,
      "percentile": 0.6033755249823445
    },
    "sha256": "317100d4c7ca5eacaf65bcd553531045734e7e731de0ac7d9aae40e5d9674abe",
    "simhash": "1:72e111d1a3f2644c",
    "word_count": 405
  },
  "last_updated": "2023-07-14T16:40:42.579520+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "IN THE MATTER OF THE MORTGAGE FORECLOSURE, EXECUTED BY CLARENCE JERNIGAN AND WIFE, SALLIE JERNIGAN, TO RUPERT W. JERNIGAN, AND DULY ASSIGNED TO THE BANK OF BEAUFORT."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe judgment rendered is directly authorized by In re Hollowell Land, 194 N. C., 222. The fact that the sale was made by a mortgagee rather than a trustee in a deed of trust does not prevent the application of the principle of law declared in the Hollowell case, supra.\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Gamin & Johnson for appellant.",
      "G. R. Wheatley for petitioner."
    ],
    "corrections": "",
    "head_matter": "IN THE MATTER OF THE MORTGAGE FORECLOSURE, EXECUTED BY CLARENCE JERNIGAN AND WIFE, SALLIE JERNIGAN, TO RUPERT W. JERNIGAN, AND DULY ASSIGNED TO THE BANK OF BEAUFORT.\n(Filed 15 April, 1931.)\nMortgages H o \u2014 Assignee of mortgagee is entitled to commissions upon repeated resale of lands under foreclosure.\nThe allowance to be made a mortgagee as his commissions for several times selling the lands under advance bids is governed by the principle announced in In re 1lollowell Land, 194 N. C., 222, where the lands were foreclosed by a trustee in a deed of trust.\nCivil actioN, before Bamhill, J., at October Term, 1930, of DupliN.\nOn 22 January, 1926, Clarence Jernigan and wife executed and delivered to Rupert W. Jernigan a note for $1,500, and as security therefor executed and delivered a mortgage on certain real estate in Duplin County. On the same day the note was duly assigned to the Bank of Beaufort. Thereafter, on 17 March, 1930, the Bank of Beaufort advertised the property and sold it under power contained in the mortgage. The property was resold three or four times, and was finally sold for the price of $2,525. The Bank of Beaufort filed a petition with the clerk \u201cfor a just allowance of time, labor, services and expenses to be taxed as costs in the foreclosure of the said mortgage.\u201d The clerk declined to allow any costs except for newspaper advertisement and fee for filing the account of sale. The petitioner appealed to the judge of the Superior Court, who found, as a fact, that the property had been sold five times, and that as a result thereof the mortgagee had incurred \u201ca great deal of extra expense, time, labor and services in making the resales.\u201d Thereupon, it was adjudged that the petitioner be allowed five per cent commissions \u201con amount of debts in addition to court costs in the cause, to be taxed as a part of the costs of sale of said property,\u201d etc.\nFrom the foregoing judgment Sallie Jernigan, administratrix of Clarence Jernigan, mortgagor, appealed.\nGamin & Johnson for appellant.\nG. R. Wheatley for petitioner."
  },
  "file_name": "0636-01",
  "first_page_order": 704,
  "last_page_order": 705
}