Shew v. . Call
Supreme Court of North Carolina
Civil aotioN, to caucel a deed, tried before Norwood, J., at Spring Term, 1896, of Wilees Superior Court, on a case agreed, the facts of which are set out in the opinion of Associate Justice Eukches. His Honor gave judgment as follows: “ It is adjudged and decreed that plaintiff is not estopped, and that the deed executed to J. S. Call by the ex-clerk, J. E. Somers, be cancelled ; that the sale of the land mortgaged be set aside, and that a new sale be ordered.
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Civil aotioN, to caucel a deed, tried before Norwood, J., at Spring Term, 1896, of Wilees Superior Court, on a case agreed, the facts of which are set out in the opinion of Associate Justice Eukches. His Honor gave judgment as follows: “ It is adjudged and decreed that plaintiff is not estopped, and that the deed executed to J. S. Call by the ex-clerk, J. E. Somers, be cancelled ; that the sale of the land mortgaged be set aside, and that a new sale be ordered. It is further ordered that the matters of the amount— principal and interest — owing by plaintiff, and that the amounts paid by her…
1Opinion of the Court
Eubches, J.:
This case comes to this Court by appeal of defendant from the judgment of ihe court on a case agreed, from which it appears that the plaintiff is the wife of Pey- ton Shew ; that she was the owner in her own right of all the lands mentioned in the complaint except a tract of about thirty-nine acres, which was the husband’s. That to secure a bill of costs and a fine of $35 she joined her husband in making a mortgage to J. S. Call, clerk, to secure, the payment of said fine and cost. That soon after that said Call went out of office, and J. F. Somers was qualified and inducted into…
2Cases cited8 opinions
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