Legal Opinion
Walston v. Twiford
Supreme Court of North Carolina
Decided September 17, 1958No. 18PublishedCited by 15 opinions
1Opinion of the CourtRodman, J.
“A mortgage is a conveyance by a debtor to his creditor, or to some one in trust for him, as a security for the debt.” Robinson v. Willoughby, 65 N.C. 520; Watkins v. Williams, 123 N.C. 170; Wilson v. Fisher, 148 N.C. 535.
“A mortgage which purports to secure the payment of a debt has no validity if the debt has no existence.” Bradham v. Robinson, 236 N.C. 589, 73 S.E. 2d 555; Saleeby v. Brown, 190 N.C. 138, 129 S.E. 424; Stevens v. Turlington, 186 N.C. 191, 119 S.E. 210; 36 Am. Jur. 717 and 718.
Since by definition a mortgage is a conveyance of property to secure the obligation of the…
2Cases cited21 opinions
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Robinson v. Willoughby.Supreme Court of North Carolina · 1871
- Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
- Watkins v. . WilliamsSupreme Court of North Carolina · 1898
- Harper v. . EdwardsSupreme Court of North Carolina · 1894
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Shrewsbury v. The Bank of New York MellonSupreme Court of Delaware · 2017
- Branch Banking & Trust Co. v. Kenyon Investment Corp.Court of Appeals of North Carolina · 1985
- Banks v. HunterCourt of Appeals of North Carolina · 2017
- Beaman v. Head (In Re Head Grading Co.)United States Bankruptcy Court, E.D. North Carolina · 2006
- In Re the Foreclosure of the Deed of Trust of EnderleCourt of Appeals of North Carolina · 1993
10 more not listed; retrieve them via the Exa API.