Bruner v. . Threadgill
Supreme Court of North Carolina
Civil, ACTION tried at Fall Term, 1882, of Anson Superior Court, before Gilmer, J. Jacob Bruner, being indebted in three several notes given to George W. Willoughby for the purchase of a lot in the town of Wadesboro, described in the complaint and the subject of the present controversy, on March 19th, 1859, in order to secure the same, conveyed said lot by deed of mortgage to said Willoughby with a power of sale to be exercised in default of payment after a day intended to…
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Civil, ACTION tried at Fall Term, 1882, of Anson Superior Court, before Gilmer, J. Jacob Bruner, being indebted in three several notes given to George W. Willoughby for the purchase of a lot in the town of Wadesboro, described in the complaint and the subject of the present controversy, on March 19th, 1859, in order to secure the same, conveyed said lot by deed of mortgage to said Willoughby with a power of sale to be exercised in default of payment after a day intended to be fixed in a blank left for that purpose, but not filled up before execution and registration. On the 21st day of May,…
1Opinion of the Court
Smith, C. J.,
after stating the facts. With this summary recapitulation of facts, we proceed to consider the successive rulings to which are taken the exceptions presented in the record.
1. The subscribing witness to the instrument, executed to supply the omission in the mortgage introduced to prove the execution, was permitted after objection to testify to the mental and physical condition of the mortgagor at the time. The objection is not pointed nor specific, but we understand it to be upon the ground of the tendency of the evidence to impeach the validity of the instrument or impair its…
2Cases cited7 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Joyner v. . FarmerSupreme Court of North Carolina · 1878
- Wittkowski v. . WatkinsSupreme Court of North Carolina · 1881
- Dawkins v. . PattersonSupreme Court of North Carolina · 1882
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3Cited by35 opinions
- Board of Education v. MakelySupreme Court of North Carolina · 1905
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
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