McArthur v. . Griffith
Supreme Court of North Carolina
AotioN tried before Ferguson, J., and a jury, at November Term, 1906, of Davidson. This action was brought to foreclose a mortgage given by J. P. Hannah, on 5 March, 1895, to secure a note for $2,230.73 executed by bim to R. M. McArtbur. The parties waived a jury trial, and the presiding Judge, with their consent, found the following facts: 1. That R. M. McArthur is dead and C. S. McArthur is his administratrix.
Read the full summary
AotioN tried before Ferguson, J., and a jury, at November Term, 1906, of Davidson. This action was brought to foreclose a mortgage given by J. P. Hannah, on 5 March, 1895, to secure a note for $2,230.73 executed by bim to R. M. McArtbur. The parties waived a jury trial, and the presiding Judge, with their consent, found the following facts: 1. That R. M. McArthur is dead and C. S. McArthur is his administratrix. J. P. Hannah is also dead and E. A. Griffith is his administrator. 2. In August, 1903, E. A. Griffith, as administrator of J. P. Hannah, filed his petition in Davidson County before…
1Opinion of the Court
WaleeR,, J.,
after stating the case: The order of the court by which the widow and heirs of J. P. Hannah were permitted to become defendants and to answer the complaint was a proper one. The administrator, E. A. Griffith, had failed to answer and resist the plaintiff’s recovery of a satisfied claim which the latter sought to have paid again by subjecting the land which belonged to the widow and heirs, and which the ancestor of the latter had mortgaged to secure the original debt, to the payment of the alleged debt. Why the administrator refused to plead or to perform his plain duty as a…
2Cases cited22 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- City of Detroit v. MartinMichigan Supreme Court · 1876
- Crooke v. . AndrewsNew York Court of Appeals · 1869
17 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- York v. NewmanCourt of Appeals of North Carolina · 1968
- Sugg v. . PollardSupreme Court of North Carolina · 1922
- Greene v. Tr. Servs. Of Carolina, LLCCourt of Appeals of North Carolina · 2016
5 more not listed; retrieve them via the Exa API.