Robinson v. . Sampson
Supreme Court of North Carolina
Special proceeding commenced before the Clerk of the Superior Court of Wayne County, and tried before Robinson, J., and a jury at Fall Term of said Court, upon an issue of fact raised by the pleadings.
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Special proceeding commenced before the Clerk of the Superior Court of Wayne County, and tried before Robinson, J., and a jury at Fall Term of said Court, upon an issue of fact raised by the pleadings. The petition alleged that the estate was indebted in about the sum of $200. The second and third paragraphs of the answer were as follows: “2. That they are informed and believe that the whole of the indebtedness of the estate of Needham Kennedy, except the charges of administration, consists of $150, alleged to be due Martha Ann Sampson, widow of Needham Kennedy; that said indebtedness to…
1Opinion of the Court
Clark, J.:
It is competent to introduce as evidence of payment of an indebtedness secured by mortgage the entry of “satisfied” on the margin of the record signed by the mortgagee and witnessed by the Register of Deeds. The Code, Sec. 1271. Prima facie, satisfaction of the mortgage is that of the debt secured thereby, subject to evidence of an agreement to the contrary. Burke v. Snell, 42 Arkansas, 57; Chappell v. Allen, 43 Missouri, 213; Fleming v. Parry, 24 Pa. St., 47. But the plaintiff contends that on an issue, “What amount, if any, has been paid on the debt of $150 due Martha Ann…
2Cases cited3 opinions
- Moore v. . HillSupreme Court of North Carolina · 1881
- Meadows v. . SmithSupreme Court of North Carolina · 1851
- Wills v. FisherSupreme Court of North Carolina · 1893
3Cited by1 opinion
- McCall v. . GallowaySupreme Court of North Carolina · 1913