Gore v. . Townsend
Supreme Court of North Carolina
This was a civil action, tried before Shipp, J., at the Fall Term, 1889, of RobksoN Superior Court, and was brought to foreclose a mortgage set out in the pleadings.
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This was a civil action, tried before Shipp, J., at the Fall Term, 1889, of RobksoN Superior Court, and was brought to foreclose a mortgage set out in the pleadings. The mortgage was executed to secure a note for $750, dated 19th of March, 1884, and was made the same day, and in addition to the land conveyed therein, which was the individual property of D. L. Townsend, two mules and one wagon were also mortgaged therein to secure said debt, which was the individual debt of said Townsend; one of the mules died subsequently. The land was acquired by D. L. Townsend in 1884, and he intermarried…
1Opinion of the CourtAvery, J.
after stating the facts: “ In all cases where the wife executes a mortgage on her property for her husband’s debts, or for money loaned to him, it is well settled that she occcupies the position of, and is entitled to all the rights and privileges of surety for her husband.” Kelly, Contracts of Married Women, p. 105. “She assumes, in the eye of a Court of Equity, the character of a surety for the husband. Properly speaking, she is not a surety, but she is so called by analogy. She has a title to call upon her husband to exonerate her estate from the debt.” 1 Bish. Married Women, §604; Purvis…
2Cases cited6 opinions
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- Collins v. ToddSupreme Court of Missouri · 1853
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3Cited by30 opinions
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- Barnes v. . CrawfordSupreme Court of North Carolina · 1931
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