Legal Opinion

Young v. . Alford

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 15 opinions

Civil acttoN, on notes and for the foreclosure of a mortgage securing the same, tried before Goble, J., at Spring Term, 1895, of FraNKliN Superior Court. There was a verdict for the plaintiff and from a judgment thereon the defendants appealed. The facts are fully stated in the opinion of Associate Justice Furches.

1Opinion of the Court

Furches, J.:

This is a civil action of debt evidenced by three notes secured by mortgage, and a foreclosure of the mortgage. The execution of the notes and mortgage and their non-payment are admitted. But defendant pleads and relies on the Statute of Limitations as a bar to plaintiff’s action. The notes are under seal and were made in 1874, and this action was commenced' in the Spring of 1892. There had been several payments made and endorsed on these notes, but none of them had been made within ten years before the commencement of the action, except an endorsed payment on each one of them of…

2Cases cited10 opinions

  1. State v. . VinsonSupreme Court of North Carolina · 1869
  2. Wittkowsky v. WassonSupreme Court of North Carolina · 1874
  3. Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
  4. State National Bank v. HarrisSupreme Court of North Carolina · 1887
  5. Long v. . MillerSupreme Court of North Carolina · 1885

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3Cited by15 opinions

  1. Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
  2. McEwan v. BrownSupreme Court of North Carolina · 1918
  3. Bryant v. MurraySupreme Court of North Carolina · 1953
  4. Pickett v. RigsbeeSupreme Court of North Carolina · 1960
  5. Lee v. . ManleySupreme Court of North Carolina · 1911

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