Cobb v. . Morgan
Supreme Court of North Carolina
Civil Action-tried at-Fail Term, 1879, of Nash Superior Court, before Eure, J. Judgment -for plaintiff,- appeal by defendant.
1Opinion of the CourtSmith, C. J.
Tire action is on a bond for §800 executed by the defendant to the plaintiff’s testator on January 4th, 1875, payable, with interest from date, on the first day of January, 1876, and secured by a mortgage upon land, and the demand is for judgment for the debt and the sale of the land for its payment. The defendant in his answer admits the giving the bond and mortgage as charged, alleges that two payments have been made on the debt, one of §311 and the other ,of $77, sets up the defence that the bond is usurious and was given for $600 only loaned by the testator, and submits to the payment of…
2Cases cited2 opinions
- Merchants Bank v. LutterlohSupreme Court of North Carolina · 1879
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- Aitken v. Southwest Finance Corp.California Court of Appeal · 1933
- Tillman v. TalbertSupreme Court of North Carolina · 1956
- Wharton v. . EbornSupreme Court of North Carolina · 1883
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