Legal Opinion

Sanford, Chamberlain & Albers Co. v. Eubanks

Supreme Court of North Carolina

Decided May 27, 1910PublishedCited by 4 opinions

Appeal by plaintiff from Ferguson, J., at August Term, 1909, of ClIEROKEE. The facts are stated in the opinion of the Court.

1Opinion of the CourtWalker, J.

This action was brought by the plaintiffs to set aside a mortgage executed on 16 February, 1907, by the defendant L. M. Eubanks, to his wife, Fannie D. Eubanks, and to Hattie Swaggerty, his sister-in-law, and J. L. Robinson, to secure the payment of certain debts alleged therein to be due by L. M. Eubanks to the mortgagees. The court submitted issues to the jury which, with the answers thereto, are as follows :

1. Is the defendant L. M. Eubanks indebted to Sanford,Chamberlain & Albers Company; if so, in what sum ? Answer: $535.35, with interest from 1 April, 1907, and $4.65.

2. Is said…

2Cases cited5 opinions

  1. State v. . KingSupreme Court of North Carolina · 1882
  2. Reiger v. . DavisSupreme Court of North Carolina · 1872
  3. Phifer v. . ErwinSupreme Court of North Carolina · 1888
  4. Peeler v. . PeelerSupreme Court of North Carolina · 1891
  5. Redmond v. . ChandleySupreme Court of North Carolina · 1896

3Cited by4 opinions

  1. Doby v. LowderCourt of Appeals of North Carolina · 1984
  2. Castelloe v. . JenkinsSupreme Court of North Carolina · 1923
  3. Smathers v. . Hotel Co.Supreme Court of North Carolina · 1914
  4. J. L. Smathers & Co. v. Toxaway Hotel Co.Supreme Court of North Carolina · 1914

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