Williams v. . Lewis
Supreme Court of North Carolina
Appeal by H. H. Phillips, receiver, from Ferguson, J., at October Term, 1911, of Edgecombe. This case was tried below on the following case agreed: 1. On 27 December, 1905, Howard Oarr, Maggie Carr (now Williams), Mollie Oarr (now Lewis), executed to J. M. Nor-fleet, trustee, a deed of trust to secure a note of $500 to L. E. Norfleet, the said deed of trust conveying their three-fourths equal and undivided interest in certain lands therein described, which deed was…
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Appeal by H. H. Phillips, receiver, from Ferguson, J., at October Term, 1911, of Edgecombe. This case was tried below on the following case agreed: 1. On 27 December, 1905, Howard Oarr, Maggie Carr (now Williams), Mollie Oarr (now Lewis), executed to J. M. Nor-fleet, trustee, a deed of trust to secure a note of $500 to L. E. Norfleet, the said deed of trust conveying their three-fourths equal and undivided interest in certain lands therein described, which deed was registered on 28 December, 1905, J. E. Oarr owning the other fourth. 2. Howard Oarr was principal and Maggie Williams and Mollie…
1Opinion of the Court
Walkeb, J.,
after stating tbe case: There has been difference of opinion among tbe courts as to whether parol evidence is admissible to show that a person, apparently a coprincipal in a note, is in fact a surety. Some courts bave held that parol evidence in sucb a case is incompetent, because it contradicts or varies tlie terms of tlie instrument signed by the surety; others bold that it does not tend to alter or vary either the terms or ,legal effect of the written instrument, but is simply proving a fact outside of such terms, collateral to the contract and no part of it, and that the…
2Cases cited11 opinions
- Welfare v. . ThompsonSupreme Court of North Carolina · 1880
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Doe Ex Dem. Linker v. LongSupreme Court of North Carolina · 1870
- Goodman v. . LitakerSupreme Court of North Carolina · 1881
- Polk v. GallantSupreme Court of North Carolina · 1839
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3Cited by8 opinions
- Wilson v. Commercial Finance Co.Supreme Court of North Carolina · 1954
- Barnes v. . CrawfordSupreme Court of North Carolina · 1931
- Kennedy v. Atlantic Trust & Banking Co.Supreme Court of North Carolina · 1920
- Story v. . SladeSupreme Court of North Carolina · 1930
- Foster v. . DavisSupreme Court of North Carolina · 1918
3 more not listed; retrieve them via the Exa API.