Christmas v. . Haywood
Supreme Court of North Carolina
Civil aotioN, tried before Mclver, J., and a jury, at February Term, 1896, of Wake Superior Court. The facts are sufficiently stated in the opinion of Associate Justice Montgomery. There was judgment for plaintiff, and defendant appealed-
1Opinion of the Court
Montgomery, J.:
This was an action for the foreclosure of a mortgage. The debt was a balance of purchase-money due by the defendant to the plaintiff, as executrix of Thomas B. Bridgers, for the land conveyed in the mortgage. There were other mortgage and also judgment creditors of the defendant, of subsequent date and lien to the mortgage, of the plaintiff’s testator, and they were made parties to the suit. The defendant in his answer sets up an agreement in writing, which was signed by the testator, in which he agreed to réeeive, upon a final settlement of the debt due upon the land-purehase,…
2Cases cited3 opinions
- Miller v. . MillerSupreme Court of North Carolina · 1883
- McElwee v. W. T. Blackwell & Co.Supreme Court of North Carolina · 1880
- Smith v. Eastern Building & Loan Ass'nSupreme Court of North Carolina · 1895
3Cited by1 opinion
- Watkins v. Kaolin Manufacturing Co.Supreme Court of North Carolina · 1902