Harshaw v. . McKesson
Supreme Court of North Carolina
Civil action tried before Mitchell, J., at Spring Term, 1811, of Burice Superior Court. The plaintiffs declared upon a single bill executed by tbe ■defendants and payable to the plaintiffs’ testator, for thirty-one hundred and sixtj’-four dollars and seven cents, principal money.
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Civil action tried before Mitchell, J., at Spring Term, 1811, of Burice Superior Court. The plaintiffs declared upon a single bill executed by tbe ■defendants and payable to the plaintiffs’ testator, for thirty-one hundred and sixtj’-four dollars and seven cents, principal money. The defendants in their answer admit the execution of the .single bill, hut say they executed to plaintiffs’ testator mortgage deeds, conveying large tracts of lands in Burke, Buncombe and adjoining counties, to secure this and other debts due decedent. That at tbe time of the execution and delivery of said mortgage…
1Opinion of the CourtEodman, J.
This action was brought on a bond made by defendants to the testator of plaintiffs, on 25th December, 1860, payable one day after date. The defence is that the testator in 1867, accepted deeds by which defendants severally conveyed to him certain lands, with conditions to be void, if the several grantors should pay certain described debts, (of which this bond was one) one third in three years, one other third in four years, and the rest in five years; and thereby promised to suspend action on the bond until the conditions were broken.
All the facts which we consider material are admitted, or…
2Cases cited1 opinion
- Frisbie v. LarnedNew York Supreme Court · 1839
3Cited by11 opinions
- Bank of New Hanover v. BridgersSupreme Court of North Carolina · 1887
- Cherokee County v. . MeroneySupreme Court of North Carolina · 1917
- Southerland v. . FremontSupreme Court of North Carolina · 1890
- Molyneux v. HueySupreme Court of North Carolina · 1879
- Thomas L. Hemphill v. . Benjamin A. RossSupreme Court of North Carolina · 1872
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