Shackelford v. Morrill.
Supreme Court of North Carolina
ActioN by Green Shackleford and wife against L. V. Morrill, heard by Judge, B. F. Long at the May Term, 1906, of the Superior Court of GrbeNE upon an agreed state of facts, the substance of which appears in the opinion of the Court. Erom a judgment for the defendant the plaintiffs appealed.
1Opinion of the CourtBrown, J.
Plaintiff and wife executed a mortgage for the purchase-money of the land described in the complaint, concerning which there is no dispute. The deed for the land was made to the husband. Afterwards, the husband, without the joinder of his wife, executed a second mortgage for a loan of money to the defendant. It is contended that the second mortgage is void without, the joinder of the wife, because of the embarrassed financial condition of the husband, manifested by the fact that the first or purchase-money mortgage had not been fully paid. This position is untenable, it being admitted that…
2Cases cited3 opinions
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Gatewood v. . TomlinsonSupreme Court of North Carolina · 1893
- Scott v. LaneSupreme Court of North Carolina · 1891
3Cited by4 opinions
- Simmons v. . McCullinSupreme Court of North Carolina · 1913
- Cheek v. . WaldenSupreme Court of North Carolina · 1928
- Dalrymple v. . ColeSupreme Court of North Carolina · 1915
- Hayes v. HayesAppellate Court of Illinois · 1931