Jones v. . Casstevens

Was it tbe intention of tbe parties that in case of a sale of the encumbered premises under foreclosure, either of tbe first or second deed of trust, payment of tbe defendants’ note should be made exclusively out of funds derived from such foreclosure? Tbe trial court answered in tbe affirmative, and we approve.

There are four principal reasons inducing tbe conclusion:

First. It is axiomatic in tbe law of contracts that “as a man consents to bind himself, so shall be be bound.” Elliott on Contracts (Vol. 3), sec. 1891; Nash v. Royster, 189 N. C., 408, 127 S. E., 356. Here, upon tbe face of tbe…