Davis v. . Lassiter
Supreme Court of North Carolina
Civil action, brought by W. A. Davis and N. A. Gregory, trading as Davis & Gregory, and N. A. Gregory and wife, against R. W. Lassiter, Receiver of the Bank of Oxford, and B. P. Thorp, trustee, to cancel a deed of trust, and to restrain a sale of the land embraced therein, heard before Connor, J., at Weldon, on motion for an injunction.
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Civil action, brought by W. A. Davis and N. A. Gregory, trading as Davis & Gregory, and N. A. Gregory and wife, against R. W. Lassiter, Receiver of the Bank of Oxford, and B. P. Thorp, trustee, to cancel a deed of trust, and to restrain a sale of the land embraced therein, heard before Connor, J., at Weldon, on motion for an injunction. Davis & Gregory, in the course of their business as tobacco dealers, borrowed $5,000 from the Bank of Oxford, and the wife of Gregory conveyed her land in Northampton county to the defendant B. P. Thorp, trustee, to secure the payment of the note. Davis &…
1Opinion of the Court
Bukwell, J.:
The feme plaintiff, having put a lien on her land to secure a debt due from the firm of Davis & Gregory to the Bank of Oxford, thereby became in effect a surety for the payment of said debt to the extent of the property so encumbered by her. Shinn v. Smith, 79 N. C., 310. It is distinctly alleged in her behalf that, at the time she imposed thii?burden on her separate estate, it was agreed between all the parties that the proceeds of the sale of certain tobacco (the property of Davis & Gregory) should be paid to the bank, and should be applied by it to the debt for which she had…
2Cases cited4 opinions
- Whittaker v. . HillSupreme Court of North Carolina · 1887
- Harrison v. . BraySupreme Court of North Carolina · 1885
- Shinn v. . SmithSupreme Court of North Carolina · 1878
- Caldwell v. StirewaltSupreme Court of North Carolina · 1888
3Cited by4 opinions
- Harrington v. Rawls.Supreme Court of North Carolina · 1904
- Long v. U. S. Fidelity & Guaranty Co.Supreme Court of North Carolina · 1919
- Weil v. . ThomasSupreme Court of North Carolina · 1894
- H. Weil & Bros. v. ThomasSupreme Court of North Carolina · 1894