Elliott v. Brady
Supreme Court of North Carolina
Appeal by plaintiff from Shaw, J., at October Term, 1916, of RUTHERFORD.
1Opinion of the CourtAlleN, J.
In August, 1916, the plaintiff purchased a tract of land from defendant O’Neal on which there was a mortgage by her to the other defendants, Brady and wife. The conveyance from her to the plaintiff specified as a consideration the sum of $400, and, in addition, as the complaint alleges, the plaintiff agreed to pay off “such amount as was actually due and collectible on a certain mortgage executed by said O’Ueal to the other defendant.”
The complaint alleges that under this agreement the plaintiff was' bound to pay the amount “legally ‘collectible on said mortgage,” and that the grantor O’Neal…
2Cited by6 opinions
- S. B. Parker Co. v. Commercial National BankSupreme Court of North Carolina · 1931
- Broadhurst v. . BrooksSupreme Court of North Carolina · 1922
- Porter v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1935
- Bank v. . LovenSupreme Court of North Carolina · 1916
- Charles A. Riley Co. v. W. T. Sears & Co.Supreme Court of North Carolina · 1911
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