Harper v. . Edwards
Supreme Court of North Carolina
Action to foreclose a mortgage, heard on exceptions to the report of a referee, before Boykin, J., at August Term, 1894, of Greene Superior Court. There was judgment for the plaintiff, and the defendant appealed. The-facts are sufficiently stated in the opinion of Associate Justice MacRae.
1Opinion of the Court
MacRae, J.:
It was objected by the defendants that the mortgage was void for uncertainty in description of the debt intended to be secured thereby. The condition of the deed is, “ Whereas, the parties of the first part have executed to the parly of the second part a certain promissory note bearing even date with these presents, to be due and payable the 1st of January, 1877, and for which this mortgage is made to secure. Now, therefore, if the said parties of the first part shall pay, or cause to be paid, said note and the interest thereon when it shall become due,” etc., etc. The point has…
2Cases cited2 opinions
- Ijames v. . GaitherSupreme Court of North Carolina · 1885
- Leduc v. . ButlerSupreme Court of North Carolina · 1893
3Cited by15 opinions
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Walston v. TwifordSupreme Court of North Carolina · 1958
- Cole v. BoydSupreme Court of North Carolina · 1918
- Mickel-Hopkins, Inc. v. FrassinettiCourt of Appeals for the Fourth Circuit · 1960
- Cole v. . BoydSupreme Court of North Carolina · 1918
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