Cutchin v. . Johnston
Supreme Court of North Carolina
Civil action, to be subrogated to the rights of the defendant, ~W. H. Johnston, as holder of a mortgage which plaintiffs, as devisees of their father, partially discharged with the proceeds of a life insurance policy belonging to them, tried before Robinson, J., at Fall Term, 1896, of Edge-ooMbe Superior Court, upon a case agreed. His Honor gave judgment for the' defendants, and the plaintiffs appealed. The facts are stated in the opinion of the court.
1Opinion of the Court
Fueohes, J.:
Norfleet Cutchin, at the time of his death, held an insurance policy on his life, of $3,000, for the benefit of his wife, Margaret A. Cutchin, and his four children. The money arising from this policy was no par t of his estate, but belonged to the widow and children named therein. Burwell v. Snow, 107 N. C., 82. But said Norfleet was indebted at the time of his death, and had executed a mortgage to the defendant Johnston upon a tract of land known as the “Pipkin tract,” to secure a debt of $3,000, this debt being for money he had borrowed to purchase this tract of land. The said…
2Cases cited3 opinions
- Liles v. . RogersSupreme Court of North Carolina · 1893
- Burwell v. . SnowSupreme Court of North Carolina · 1890
- Vaughan v. JeffreysSupreme Court of North Carolina · 1896
3Cited by5 opinions
- Wallace v. . BennerSupreme Court of North Carolina · 1931
- Chandler v. . JonesSupreme Court of North Carolina · 1916
- Building and Loan Association v. . SwaimSupreme Court of North Carolina · 1929
- Johnston v. Cutchin.Supreme Court of North Carolina · 1903
- Vann v. EdwardsSupreme Court of North Carolina · 1901