Slocumb v. . Ray
Supreme Court of North Carolina
Civil action for foreclosure heard before Allen, J., at May Term,' 1898, of. Cumberland Superior Court upon demurrer. John C. Ray, defendant, executed a mortgage to the plaintiff on his land by deed dated 18th January, 1892, which bis wife did not sign, but on the 3rd November, 1892, she executed a separate deed, in which her husband did not join, releasing her dower interest' and all other interest she might have in said land by virtue of her marital rights, in favor of the…
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Civil action for foreclosure heard before Allen, J., at May Term,' 1898, of. Cumberland Superior Court upon demurrer. John C. Ray, defendant, executed a mortgage to the plaintiff on his land by deed dated 18th January, 1892, which bis wife did not sign, but on the 3rd November, 1892, she executed a separate deed, in which her husband did not join, releasing her dower interest' and all other interest she might have in said land by virtue of her marital rights, in favor of the note and mortgage executed by her husband. All this appeared on the face of the complaint. The defendants filed no…
1Opinion of the Court
DOUGLAS, J., delivers the opinion of the Court.
2DissentClark, J.
This is an action for the foreclosure of a mortgage executed 18 January, 1892, to the plaintiff by the defendant J. C. Ray, in which his wife and codefendant Mary A. Ray did not join. Subsequent to its execution, on 3 November, 1892, the said Mary A. Ray executed to the plaintiff a similar mortgage upon her dower interest in the same property to secure the same debt of her husband. In this mortgage the husband did not join.
Upon the trial of the action the defendants demurred to the complaintore tenus, "upon the ground that the complaint showed…
3Cases cited7 opinions
- Ferguson v. . KinslandSupreme Court of North Carolina · 1885
- Barrett v. . BarrettSupreme Court of North Carolina · 1897
- Southerland v. . HunterSupreme Court of North Carolina · 1885
- Lineberger v. . TidwellSupreme Court of North Carolina · 1889
- Harris v. . Jenkins, Public TreasurerSupreme Court of North Carolina · 1875
2 more not listed; retrieve them via the Exa API.
4Cited by3 opinions
- Sherman v. AllisonAppellate Division of the Supreme Court of the State of New York · 1902
- Jennings v. HintonSupreme Court of North Carolina · 1900
- Weathers v. BordersSupreme Court of North Carolina · 1899