Pollock v. . Warwick
Supreme Court of North Carolina
Mortgagor and Mortgagee — Contract—Evidence, Parol — Burden of Proof — Correction of Deed — Mistake — Issues — Costs— Appeal. Appeal from Superior Court of Mecjclenjjuüü County, at Fall Term, 1888, Boykin, J., presiding. Action for damages for the breach of the conditions of a forthcoming bond given by defendant for the delivery of property embraced in a chattel mortgage executed by him to plaintiff.
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Mortgagor and Mortgagee — Contract—Evidence, Parol — Burden of Proof — Correction of Deed — Mistake — Issues — Costs— Appeal. Appeal from Superior Court of Mecjclenjjuüü County, at Fall Term, 1888, Boykin, J., presiding. Action for damages for the breach of the conditions of a forthcoming bond given by defendant for the delivery of property embraced in a chattel mortgage executed by him to plaintiff. Plaintiff held mortgages on defendant’s stock of goods, and afterwards they had a settlement, plaintiff taking new mortgages from defendant in satisfaction of the old ones. The new mortgages were…
1Opinion of the CourtClark, J.
— The plaintiff contends’ that, as he had the legal title to the property under the mortgage of 1884, if the mortgages of 1885 were given in satisfaction of those of 1884 the burden was on defendant 'to show it. This would be true, but plaintiff’s own evidence is to the effect that the new mortgages were “ to take the place of, and go in full satisfaction” of, those of 1884; that they were “ executed to him” (which .includes a delivery to him); that he then left them with defendant to be registered, and on their return to plaintiff, when registered, he was to surrender up the mortgages of…
2Cases cited5 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Harding v. . LongSupreme Court of North Carolina · 1889
- Kornegay v. . EverettSupreme Court of North Carolina · 1888
- State v. . AustinSupreme Court of North Carolina · 1878
- McMinn v. . PattonSupreme Court of North Carolina · 1885
3Cited by5 opinions
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Montgomery v. . LewisSupreme Court of North Carolina · 1924
- State v. . McKinneySupreme Court of North Carolina · 1892
- Coward v. Commissioners.Supreme Court of North Carolina · 1904
- Montgomery v. . LewisSupreme Court of North Carolina · 1924