SOUTHERLAND v. MERRITT

Action to Recover Land — Mortgagor and Mortgagee — Mortgagee Purchasing at His Own Sale — Betterments.

Where a mortgagee purchased at his own sale and took possession and made betterments, and in an action to recover possession by the mortgagor the latter was adjudged entitled thereto upon payment of the mortgage debt, the mortgagee is not entitled to allowance for such betterments, since he is charged with notice of defect in his title.

Per Curiam:

The defendant was mortgagee and bought at his own sale. He is fixed with legal notice of the defect in his title and is not entitled to betterments. Hall v. Lewis, 118 N.C. 509.

Affirmed.

Cited: Alston v. Connell, 145 N.C. 6.

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