Legal Opinion

Montsinger v. White

Supreme Court of North Carolina

Decided June 4, 1954No. 749PublishedCited by 9 opinions

1Opinion of the CourtDenNY, J.

The question to be determined on this appeal is simply this: Did the plaintiff, who neither assumed nor agreed to pay the note secured by the deed of trust on the property held by her and her deceased husband, as tenants by the entirety, but whose deceased husband did assume and agree to pay the note, have the right to pay the balance due thereon at his death and to file a claim against his estate for the amount paid ?

The fact that the plaintiff became the owner of the property as the surviving tenant in an estate by the entirety, did not thereby release the estate of her husband from…

2Cases cited20 opinions

  1. Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
  2. Kershaw EstateSupreme Court of Pennsylvania · 1945
  3. Martin v. HickenlooperUtah Supreme Court · 1936
  4. Creecy v. . Pearce, Adm'r .Supreme Court of North Carolina · 1873
  5. Chemical Co. v. . WalstonSupreme Court of North Carolina · 1924

15 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Mace v. Bryant Construction Corp.Court of Appeals of North Carolina · 1980
  2. Newton v. DaileyWest Virginia Supreme Court · 1981
  3. William J. White v. Archie ParnellCourt of Appeals for the D.C. Circuit · 1968
  4. Brown v. HargravesSupreme Court of Virginia · 1957
  5. Liptrap v. CoyneCourt of Appeals of North Carolina · 2009

4 more not listed; retrieve them via the Exa API.

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