French v. . Richardson
Supreme Court of North Carolina
Appeal by defendants from Daniels, at May Term, 1914, of CRAVEN. This action was brought to cancel two mortgages and to set aside a sale of the land made under one of them. Plaintiff borrowed the money and paid off one of the mortgages.
Read the full summary
Appeal by defendants from Daniels, at May Term, 1914, of CRAVEN. This action was brought to cancel two mortgages and to set aside a sale of the land made under one of them. Plaintiff borrowed the money and paid off one of the mortgages. The other mortgage was given by plaintiff to defendant on 5 March, 1892, to secure three notes for $50 each, with interest, and due respectively 15 December of the years 1892, 1893, and 1894. The parties had had various and sundry dealings and transactions, the defendant, by consent, keeping the account and making all entries of debit and credit. The three…
1Opinion of the Court
Waleer, J.,
after stating the ease: The judgment seems to have been based upon the ground that the debt secured by the mortgage was barred, because the entry of- credit on the notes was not authorized by the debtor. If his Honor thought that there was not a sufficient finding of the fact as to authorization, he was right; but he should not have concluded therefrom that the debt was barred, the proper course being to find the fact from the evidence, one way or the other, or to recommit the case to the referee, with directions to make a more specific finding of the fact. If the learned judge…
2Cases cited9 opinions
- Cashmar-King Supply Co. v. Dowd & KingSupreme Court of North Carolina · 1907
- Stone Co. v. RichSupreme Court of North Carolina · 1912
- Pearce v. WalkerSupreme Court of Alabama · 1893
- Harris v. . SmithSupreme Court of North Carolina · 1907
- Jos. W. Jenkins & Co. v. BealSupreme Court of North Carolina · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Power Co. v. . Clay CountySupreme Court of North Carolina · 1938
- Bryant v. MurraySupreme Court of North Carolina · 1953
- Pickett v. RigsbeeSupreme Court of North Carolina · 1960
- Phillips v. . PenlandSupreme Court of North Carolina · 1929
- Robinson v. . JohnsonSupreme Court of North Carolina · 1917
4 more not listed; retrieve them via the Exa API.