Vanstory v. . Thornton

This is the same cause tried on demurrer, (110 N.C. 10). The demurrer having been overruled, the defendant put in an answer; and certain other persons, to wit, H.W. Lilly and R.T. Gray, executors of E.J. Lilly, W.P. Wemyess, H.W. Lilly and C.L. Bevil, (198) and W.A. Vanstory, all mentioned in the answer as mortgagees of defendant, Thornton's, homestead property, sought to be subjected to the plaintiff's debt, were, on their motion, allowed to come in and were made parties defendant, and adopted the answer of Thornton.

The following issues were submitted to the jury:

1. Is the plaintiff the…