Jones v. . Norris
Supreme Court of North Carolina
Civil actioN, tried before Biggs, J., and a jury, at November Term, 1907, of the Superior Court of Duplin County. The defendant Norris, on 10 August, 1904, executed to Mrs. Susan E. Tbigpen a mortgage on real estate to secure tire payment of four notes, the consideration being tbe purchase money of the land mortgaged.
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Civil actioN, tried before Biggs, J., and a jury, at November Term, 1907, of the Superior Court of Duplin County. The defendant Norris, on 10 August, 1904, executed to Mrs. Susan E. Tbigpen a mortgage on real estate to secure tire payment of four notes, the consideration being tbe purchase money of the land mortgaged. Eollowing the description of the land are the words: “It is expressly understood that, if this mortgage is not settled before my death, afterwards it is not collectible; it is in force, though, until my death.” The mortgagee died intestate before either of the notes was paid.…
1Opinion of the Court
CONNOR, J.,
after stating the case: We are of the opinion that the defendants’ evidence failed to show any mistake of' the draughtsman in writing the mortgage. lie testifies that it was written in the terms directed by the mortgagee, and that he read it over to her and she said it was as she wished. Green v. Sherrod, 105 N. C., 197. The expression was, however, ambiguous, and parol evidence was competent to explain its meaning. "While it is true that it is the mortgagor who is speaking through the draughtsman, and usually the pronouns “I” or “my” refer to the actor or speaker, the connection…
2Cases cited1 opinion
- Green v. SherrodSupreme Court of North Carolina · 1890
3Cited by1 opinion
- Walston v. TwifordSupreme Court of North Carolina · 1958