Legal Opinion

Reed v. . Kinnaman

Supreme Court of North Carolina

Decided December 5, 1851PublishedCited by 1 opinion

Appeal from an interlocutory decree of the Court of Equity of Forsythe County, at the Fall Term, J85U, his Honor, Judge Manly presiding. The case is stated in the opinion delivered in this Const,

1Opinion of the Court

Pearson J.

The equity of the plaintiff is this : he owed a debt of about $90, for which the defendant, Kinnaman, had been for many years his surety, holding a mortgage upon a tract of land, on which the plaintifflevied for security. In'1844, the plaintiff received his note, and substituted the defendant Snider as his surety on the note, in place of Kinnaman, and intended to execute to Snider a mortgage on the same land for security : but by the ignorance or mistake of the draftsman, one John C. Blum, the deed was drawn so as to convey an absolute estate, and was not.in the form of a mortgage.…

2Cited by1 opinion

  1. Brothers v. . HarrillSupreme Court of North Carolina · 1855

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