Fleming v. . Barden

This case is now before us on a petition to rehear, having been decided in 126 N.C. 450. The facts are sufficiently set forth in the former opinion, to which, after careful consideration, we feel it our duty to adhere. The decisive question was, whether the contract for the extension of payment operated as a discharge of the debt as far as Mrs. (215) Brown was concerned. We think it did. In Hinton v.Greenleaf, 113 N.C. 6, this Court says: "It is settled by abundant authority that, `where a husband mortgages his property for his debt, and in the same mortgage the wife conveys her own separate…