Newhart v. . Peters
Supreme Court of North Carolina
■Civil ActioN tried .at Sprite g Term, 1878, of Mecxlen-'burg Superior Court, before Cox, J. This Action was brought for the foreclosure of .a mortgage ¡and heard upon demurrer, which ITis Honor sustained and ■dismissed the case, -and the plaintiff appealed. The facts are set out by The Chibe Justioe.
1Opinion of the Court
Sjiith, C.U.
The plaintiff alleges, in his eomplaint, that the 'feme defendant, becoming indebted to him for borrowed money, on the 81st day of December, 1871, executed her bond therefor, payable at nine months and with.'interest from date, -and that no part of the debt has been paid. 'That at .the time of giving the -bond -tlxe defendant, II. B. Peters and wife, in order to secure its payment, executed .a deed of mortgage conveying to him .a certain lot in Charlotte, belonging to the wife, which has been duly proved .and registered. The prayer is for judgment on the bond and a foreclosure and…
2Cases cited2 opinions
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- Purvis v. CarstaphanSupreme Court of North Carolina · 1875
3Cited by10 opinions
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Carolina Interstate Building & Loan Ass'n v. BlackSupreme Court of North Carolina · 1896
- Baker v. GarrisSupreme Court of North Carolina · 1891
- Zimmerman v. . RobinsonSupreme Court of North Carolina · 1894
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