Legal Opinion

Tilley v. Tilley

Court of Appeals of North Carolina

Decided January 15, 1975No. 7417SC858Published

1Opinion of the Court

HEDRICK, Judge.

The defendant’s several assignments of error raise two questions: (1) Does the record support the judgment; and (2) Did the trial court err in not considering as a defense to plaintiff’s claim defendant’s allegation and evidence offered in support thereof that she did not intentionally or fraudulently default in the payments on the note secured by the deed of trust on the property with the specific intent to defraud the plaintiff of his interest in the property, but that she was financially unable to make the payments because the plaintiff breached the contract to make certain…

2Cases cited3 opinions

  1. Smith v. SmithSupreme Court of North Carolina · 1959
  2. Koob v. KoobSupreme Court of North Carolina · 1973
  3. Hatcher v. . AllenSupreme Court of North Carolina · 1941

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