Vanstory v. Thornton
Supreme Court of North Carolina
Civil actiox, tried before Winston, J., at November Term, 1892, of Cumberland Superior Court. This is the same cause tried on demurrer (110 N. C., 10). The demurrer having been overruled, the defendant put in an answer; and certain other persons, to-wit, H. W. Lilly and R. T. Gray, executors of E. J. Lilly, W. P. Wemyess, PI.
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Civil actiox, tried before Winston, J., at November Term, 1892, of Cumberland Superior Court. This is the same cause tried on demurrer (110 N. C., 10). The demurrer having been overruled, the defendant put in an answer; and certain other persons, to-wit, H. W. Lilly and R. T. Gray, executors of E. J. Lilly, W. P. Wemyess, PI. W. Lilty and C. L. Bevil, and W. A. Van-story, all mentioned in the answer as mortgagees of defendant Thornton’s homestead propeily, sought to be subjected to the plaintiff’s debt, were, on their motion, allowed to come in and were made parties defendant, and adopted the…
1Opinion of the Court
Bukwkll, J. :
This case comes to us upon the appeal of the plaintiff, who is the judgment creditor, and of the defendant Thornton, who is the judgment debtor. The mortgagees, who have come into the action of their own motion, since it was last before the Court (110 N. C., 10), and have been made defendants and have adopted the answer of the defendant Thornton, did not appeal.
We will first consider the refusal of his Honor to submit the issue tendered by Thornton relative to the alleged payment, in whole or part, of plaintiff’s judgment.
This issue was tendered by him with the evidence which he…
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