In Re Chisholm's Will
Supreme Court of North Carolina
Appeal by propounders from Calvert, J., at April Term, 1918, of Hoke. In this proceeding a consent judgment was entered at August Term, 1917-, of Hoke, providing, among other things, that -the caveator, M. A. Chisholm, was indebted to the propounders, Mrs. Sallie Covington, Mrs. Maude Steele, and Zebbie Harris, in the sum of $6,000, to be paid within ninety days after the signing of the judgment.
Read the full summary
Appeal by propounders from Calvert, J., at April Term, 1918, of Hoke. In this proceeding a consent judgment was entered at August Term, 1917-, of Hoke, providing, among other things, that -the caveator, M. A. Chisholm, was indebted to the propounders, Mrs. Sallie Covington, Mrs. Maude Steele, and Zebbie Harris, in the sum of $6,000, to be paid within ninety days after the signing of the judgment. Payment was not made or tendered until three and one-third months after the said ninety days had expired. The propounders claim interest at 6 per cent on the $6,000 for said three and one-third…
1Opinion of the CourtClark, C. J.
The only exception is for error in disallowing the $100, interest for the three and one-third months elapsing after the expiration of the ninety days. The $6,000 was paid six and one-third months after judgment signed, without prejudice to either side as to the liability for the said interest.
A consent judgment is a contract between the parties thereto. Bank v. Commissioners, 119 N. C., 214; Bunn v. Braswell, 139 N. C., 135. Tlie consent judgment specifies that the $6,000 should be a lien upon the land of the caveator which was pleaded as security for the indebtedness. The caveator not having…
2Cases cited6 opinions
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- State v. . WoolardSupreme Court of North Carolina · 1896
- Cram v. . CramSupreme Court of North Carolina · 1895
- Bunn v. BraswellSupreme Court of North Carolina · 1905
- Hines v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. ArndtWashington Supreme Court · 1976
- Sims ex rel. Sims v. Charlotte Liberty Mutual InsuranceSupreme Court of North Carolina · 1962
- Sims v. Charlotte Liberty Mutual Insurance Co.Supreme Court of North Carolina · 1962
- Town of Blowing Rock v. GregorieSupreme Court of North Carolina · 1956
- Yancey v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1942
16 more not listed; retrieve them via the Exa API.