Bruce v. . Nicholson
Supreme Court of North Carolina
This was a motion, heard before Whitaker, J., at June Term, 1891, of Pitt Superior Court. The following is so much of the case stated on appeal as need be reported: The plaintiff, in his complaint, recited two mortgages of land executed by defendants (Sugg and wife) to plaintiff (the one on December 7th, 1883, and the other on December 1st, 1886), and a certain judgment rendered in favor of one W. S. Rawls against said defendant at March Term, 1889, which had been purchased…
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This was a motion, heard before Whitaker, J., at June Term, 1891, of Pitt Superior Court. The following is so much of the case stated on appeal as need be reported: The plaintiff, in his complaint, recited two mortgages of land executed by defendants (Sugg and wife) to plaintiff (the one on December 7th, 1883, and the other on December 1st, 1886), and a certain judgment rendered in favor of one W. S. Rawls against said defendant at March Term, 1889, which had been purchased by plaintiff for a valuable consideration, and duly assigned to him. Among the tracts conveyed by the mortgages was one…
1Opinion of the Court
MerrimoN, C. J.:
The appellant’s judgment is not against the feme defendant, who is the wife of her co-defendant I. A. Sugg, nor do they seek to have her property — land—devoted to its satisfaction; it is against the defendant husband.
The land, except a small tract of four acres, embraced by the mortgages of the plaintiffs, which they seek by this action to foreclose, is that of the feme defendant wife. The Court so expressly finds and declares. The husband has no such interest in her land as is subject to levy and sale to satisfy the appellant’s judgment. It does not appear that he is ten ant…
2Cases cited7 opinions
- Harrison v. . RaySupreme Court of North Carolina · 1891
- Long v. . BarnesSupreme Court of North Carolina · 1882
- Simonton v. . CorneliusSupreme Court of North Carolina · 1887
- A. A. McKEITHAN & SONS vs. JOHN WALKER & W. J. BROWNSupreme Court of North Carolina · 1872
- Bristol v. HallyburtonSupreme Court of North Carolina · 1885
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3Cited by69 opinions
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- West v. RailroadSupreme Court of North Carolina · 1906
- Eaton v. . DoubSupreme Court of North Carolina · 1925
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