McBrayer v. . Harrill
Supreme Court of North Carolina
Appeal by defendant from Justice, J., at the August Term, 1909, of Ruthekeoed. The facts are sufficiently stated in the opinion of the Court.
1Opinion of the CourtClark, C. J.
This is an action by the plaintiff (appellant) to recover out of the defendant, administrator, and the surety on his administration bond a sum due by the defendant’s intestate wbicb was secured by a second mortgage on realty, which mortgage was unregistered at the date of the debtor’s death and remained so for some time after the- order to sell the realty to make assets.
The appellant states in his brief: “The sole question before the Court is, Will a mortgage not recorded till after the death of the mortgagor create a lien from the date of its registration as against other simple debts?” But,…
2Cases cited4 opinions
- Wallace, Elliott & Co. v. CohenSupreme Court of North Carolina · 1892
- Den Ex Dem. Leggett v. BullockSupreme Court of North Carolina · 1853
- Williams v. . JonesSupreme Court of North Carolina · 1886
- Hinkle, Craig & Co. v. GreeneSupreme Court of North Carolina · 1899
3Cited by6 opinions
- Carrow v. WestonSupreme Court of North Carolina · 1958
- Coastal Sales Co. v. WestonSupreme Court of North Carolina · 1957
- In Re CunninghamCourt of Appeals for the Fourth Circuit · 1933
- Higdon v. JonesCourt of Appeals for the Fourth Circuit · 1933
- Coggin v. Hartford Accident & Indemnity Co.District Court, M.D. North Carolina · 1935
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