H. Weil & Bros. v. Thomas
Supreme Court of North Carolina
Civil action for the foreclosure of a mortgage, heard by Connor, J., at April Term, 1892, of Wayne Superior Court, upon an agreed statement of facts, which was substantially as follows: The defendant J. IT.
Read the full summary
Civil action for the foreclosure of a mortgage, heard by Connor, J., at April Term, 1892, of Wayne Superior Court, upon an agreed statement of facts, which was substantially as follows: The defendant J. IT. Thomas, being indebted to the plaintiffs in the sum of $1,-882.60, executed to them his bond therefor, dated 13th of December, 1880, payable on January 1, 1882, with interest at eight per cent., and to secure the payment of the same he and his then wife, Sarah J. Thomas, conveyed to the plaintiffs, by way of mortgage with po$er of sale, two tracts of land, one known as the “Hinson Tract,”…
1Opinion of the Court
Bur well, J.:
AVe find no error in the judgment to which the defendants except. It conforms to the principle *201announced, in Shinn v. Smith, 79 N. C., 310; Davis v. Lassiter, 112 N. C., 128, and Iiinton v. Greenleaf, 113 N. 0., 6, and cases there cited.
According to these authorities a married woman who has mortgaged her land to secure the payment of a debt of her husband has the rights of a surety as to the liability she has thus imposed on her property, and can require that all of her husband’s estate that is mortgaged to secure the debt shall be exhausted before her land is sold, and she has a…
2Cases cited2 opinions
- Shinn v. . SmithSupreme Court of North Carolina · 1878
- Davis v. . LassiterSupreme Court of North Carolina · 1893