Moffitt v. . Maness
Supreme Court of North Carolina
Civil action', to foreclose a mortgage, tried before Merri-mon, J., and a jury, at the October Term, 1888, of Moobje Superior Court. The plaintiffs, executors of E. N. Moffitt, alleged that the defendant executed a bond to their testator in the sum of $508.50, and a mortgage on certain lands to secure the payment of the same. They also allege that no part of said indebtedness has been paid. The defendant denied all of these allegations.
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Civil action', to foreclose a mortgage, tried before Merri-mon, J., and a jury, at the October Term, 1888, of Moobje Superior Court. The plaintiffs, executors of E. N. Moffitt, alleged that the defendant executed a bond to their testator in the sum of $508.50, and a mortgage on certain lands to secure the payment of the same. They also allege that no part of said indebtedness has been paid. The defendant denied all of these allegations. The plaintiffs offered in evidence the mortgage, which recited the execution of the bond, and stated that they did not have possession of any notes against…
1Opinion of the CourtShepherd, J.
(after stating the facts). Whatever effect the non-production of the bond may have upon the character of the judgment which should be rendered (and of this we will speak hereafter), there was clearl}1 enough in evidence to warrant the charge of the Court and the verdict, of the jurj".
No exception was made to the admission of the mortgage alone, and no special instructions were asked in reference to the absence of the bond. So, in passing upon the exception as to the exclusion of the parol testimony offered by the defendant, we must assume that such a bond was signed, sealed and delivered by…
2Cases cited5 opinions
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- Cumming v. . BarberSupreme Court of North Carolina · 1888
- Sherrill v. . HaganSupreme Court of North Carolina · 1885
- Clark v. RedmanIndiana Supreme Court · 1825
3Cited by55 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Root v. Allstate Insurance CompanySupreme Court of North Carolina · 1968
- Neal v. MarroneSupreme Court of North Carolina · 1953
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
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