Graves v. Johnson
Supreme Court of North Carolina
Crvix, aotioN tried before Devin, J., at October Term, 1915, of Lee. Tbis is an action to foreclose a mortgage and to determine tbe right in certain lands as between first and second mortgagees. D. N. Black was tbe owner of tbe land, and on 81 November, 1909, be and bis wife, Sarab J. Black, delivered to tbe plaintiff a mortgage conveying said land to secure a debt of $281 due tbe plaintiff. Said mortgage was signed by tbe busband and wife.
Read the full summary
Crvix, aotioN tried before Devin, J., at October Term, 1915, of Lee. Tbis is an action to foreclose a mortgage and to determine tbe right in certain lands as between first and second mortgagees. D. N. Black was tbe owner of tbe land, and on 81 November, 1909, be and bis wife, Sarab J. Black, delivered to tbe plaintiff a mortgage conveying said land to secure a debt of $281 due tbe plaintiff. Said mortgage was signed by tbe busband and wife. It bas never been acknowledged by tbe busband or otherwise probated as to him, but it bas been acknowledged by tbe wife and her private examination taken,…
1Opinion of the CourtAltjsN, J.
Tbe statute in force when tbe mortgage to tbe plaintiff was executed (Eevisal, see. 952) provided that it sbould.be signed by the busband and tbe wife; that it should be duly acknowledged by both, and that tbe private examination of tbe wife should be duly taken in order to affect tbe estate, right, or title of tbe wife; and while tbe Constitution, Art. X, sec. 6, says that tbe real and personal property of a married woman “may be devised and bequeathed, and, with the written assent of her busband, conveyed by her as if she were unmarried,” it bas been held that the General Assembly may…
2Cases cited6 opinions
- Ferguson v. . KinslandSupreme Court of North Carolina · 1885
- McGlennery v. . MillerSupreme Court of North Carolina · 1884
- Southerland v. . HunterSupreme Court of North Carolina · 1885
- Lineberger v. . TidwellSupreme Court of North Carolina · 1889
- Jennings v. HintonSupreme Court of North Carolina · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jennings v. . HintonSupreme Court of North Carolina · 1900
- Joiner v. Firemen's Ins.District Court, M.D. North Carolina · 1934
- Jones v. . CraigmilesSupreme Court of North Carolina · 1894
- Stallings v. . WalkerSupreme Court of North Carolina · 1918