Morisey v. . Swinson

Citations

• 10 S.E. 1103
• 106 N.C. 221

Syllabus

<p>Petition to Rehear — Mortgagee in Possession — Rents and Profits.</p> <p>On the former hearing, this Court overlooked the defendant’s exception that the referee did not charge the plaintiff mortgagee in possession with rents and profits up to February Term, 1889, the date of' trial: Held, that the defendant is entitled to .the rents and profits, as claimed, but, as the facts are in some doubt, a further account should be taken and the judgment corrected so as to conform to the facts.</p>