Burns v. Womble.
Supreme Court of North Carolina
ActioN by G. E. and Martha Burns against J. W. Wamble, heard by Judge Walter E. Beal and a jury, at November Term, 1901, of the Superior Court of Chatham County. From a judgment for the plaintiffs, the defendant appealed.
1DissentDouglas, J.
On 14 February, 1888, the plaintiff G. B. Burns made and executed a mortgage to S. T. Womble for the tract of land on which he resided, with full covenants of warranty and seizin, in which the plaintiff Martha, who is the wife of the plaintiff G. B. Burns, united. It is stated in the mortgage that the plaintiff Martha joined in the deed for the purpose of relinquishing her right of dower and claim to homestead. The mortgage contained the usual power of sale upon default of payment, and upon such default the mortgagee sold said land, and the defendant became the purchaser and took a deed…
2Cases cited4 opinions
- Patterson v. StewartSupreme Court of Minnesota · 1889
- Cecil v. . SmithSupreme Court of North Carolina · 1879
- Young v. . GreenleeSupreme Court of North Carolina · 1880
- Taylor v. . AppleSupreme Court of North Carolina · 1884
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