ADAMS v. TAYLOR

No. 455.

117 S.E.2d 27 (1960)

253 N.C. 411

Myrtle Isom ADAMS v. H. P. TAYLOR, Trustee for The Chase Manhattan Bank and The Goodyear Mortgage Corporation, and The Chase Manhattan Bank and The Goodyear Mortgage Corporation.

Supreme Court of North Carolina.

November 23, 1960.


Attorney(s) appearing for the Case

Taylor, Kitchin & Taylor, Wadesboro, for defendant-appellant.

Ottway Burton, Asheboro, for plaintiff-appellee.


RODMAN, Justice.

It is not necessary to determine whether, as defendant Bank argues, it, as mortgage creditor, had merely a lien on the monies which the Highway Commission was required to pay, Livermon v. Roanoke & T. R. R. Co., 109 N.C. 52, 13 S.E. 734; or, as mortgage creditor, it was required to apply the monies so paid to reduce the debt secured by the mortgage, Bonner v. Styron, 113 N.C. 30, 18 S.E. 83. It is sufficient for the purpose of this appeal to note...

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