Clark v. . Hodge
Supreme Court of North Carolina
Civil actioN, to secure possession of personal property, tried before E. T. Boykin, Judge, and a jury, at Spring Term, 1894, of RuthekboRD Superior Court.
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Civil actioN, to secure possession of personal property, tried before E. T. Boykin, Judge, and a jury, at Spring Term, 1894, of RuthekboRD Superior Court. The property in litigation, as was shown by the evidence and not controverted by the plaintiff, was at the time of making the pretended chattel mortgage hereafter mentioned, the property of a corporation known as “The Rutherford ton Land and Industrial Company,” with office at Rutherford ton, N. C., and at the time the said mortgage was executed was in the adverse possession of the defendant, Joseph Hodge. In order to make out Iris claim,…
1Opinion of the Court
Claeic, J.:
It was not a sufficient objection to the introduction of the mortgage that the subscribing witness thereto, by whom its execution was proved when admitted to probate, was the mortgagee therein. The Code, Sec. 1351, removes the disqualification attaching formerly to witnesses having an interest. The mortgagee in this case, not coming witbin any of the exceptions ( Code, Sec. 590; Bunn v. Todd, 107 N. C., 266 ) was competent as subscribing witness to prove the execution of the mortgage to himself, but such practice is not commended nor to be encouraged, for the probate is ex parte…
2Cases cited7 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- Davidson v. . AlexanderSupreme Court of North Carolina · 1881
- Bason v. King's Mountain Mining Co.Supreme Court of North Carolina · 1884
2 more not listed; retrieve them via the Exa API.
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- Bernhardt v. . BrownSupreme Court of North Carolina · 1898
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