Haywood v. . Russell
Supreme Court of North Carolina
.Appeal by Morris from Bryson, J., at the April Term, 1921, of MONTGOMERY. L. M. Eussell, in 1892, executed a note to George W. Morris for the sum of $326, with interest at 8 per cent from 1881. It was endorsed by George W. Morris to E. T. E. Livingston, who obtained judgment jointly on said note at January Term, 1899, of Montgomery, against George W. Morris and L. M. Russell.
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.Appeal by Morris from Bryson, J., at the April Term, 1921, of MONTGOMERY. L. M. Eussell, in 1892, executed a note to George W. Morris for the sum of $326, with interest at 8 per cent from 1881. It was endorsed by George W. Morris to E. T. E. Livingston, who obtained judgment jointly on said note at January Term, 1899, of Montgomery, against George W. Morris and L. M. Russell. His administrator, A. 0. Haywood, in July, 1908, assigned tbis judgment to D. T. Russell, the wife of L. M. Russell, who, in December, 1908, issued notice to George W. Morris alone that motion would be made to revive…
1Opinion of the CourtClaeK, C. J.
On 1 January, 1892, L. M. Russell executed a note for $326, with 8 per cent interest from 1881, to George W. Morris, who in turn assigned same to one Livingston, whose administrator recovered judgment January, 1899, for $454.12, against L. M. Russell and George W. Morris. The administrator, 0. A. Haywood, assigned the said judgment to D. T. Russell, the wife of L. M. Russell. She instituted proceedings to revive said judgment, and' the jury having found, on issues submitted, that it was' not barred by the statute of limitations, said judgment was renewed before Adams, J., 26 September, 1919,…
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