Butner v. . Blevins
Supreme Court of North Carolina
ActioN to FoReclose mortgage made to plaintiffs by defendant Nancy Blevins and her deceased husband, tried before Allen, J., at March Term,.1899, of the Superior Court of Surry County. There was an issue submitted as to the regularity of the privy examination of the defendant Nancy Blevins, which’ the’ jury found in the affirmative.
Read the full summary
ActioN to FoReclose mortgage made to plaintiffs by defendant Nancy Blevins and her deceased husband, tried before Allen, J., at March Term,.1899, of the Superior Court of Surry County. There was an issue submitted as to the regularity of the privy examination of the defendant Nancy Blevins, which’ the’ jury found in the affirmative. There were several prayers for instruction in regard to compulsion and undue influence of the husband, asked for by her, but declined by the Court. Defendant excepted. There was no allegation nor proof that the mortgagee had any notice thereof, if such compulsion…
1Opinion of the Court
Faieclotti, O. J.
This is an action to foreclose a mortgage executed by Calloway Blevins and his wife, Nancy Blevins. The defendants admit the execution of the mortgage, but the wdfe avers in her answer that she did not sign the mortgage deed freely and voluntarily. She testified that: “I signed the mortgage in. controversy. John ICapp and Harrison Wolfe came to me; my husband called me out and said they wanted a mortgage against the Hunt place and 100 acres of my land. * * * I said tó him that I had said I would not put my hand to- a mortgage on my land. He said ‘you have got to do it.’ Kapp…
2Cited by7 opinions
- Smith v. Commercial BankSupreme Court of Florida · 1919
- Benedict v. Jones.Supreme Court of North Carolina · 1901
- Marsh v. Griffin.Supreme Court of North Carolina · 1904
- Lee v. RhodesSupreme Court of North Carolina · 1949
- Beam v. AlmondSupreme Court of North Carolina · 1967
2 more not listed; retrieve them via the Exa API.