Wood v. . Wheeler
Supreme Court of North Carolina
This was a civil ACTION upon a note and mortgage, tried a,t Spring Term, 1892, of TRANSYLVANIA Superior Court, before Holce, J. The case upon former appeal is reported in 106 N. C., 512, And, pursuant to the decision therein, A. C. Williams, the vendor, was made a party plaintiff.
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This was a civil ACTION upon a note and mortgage, tried a,t Spring Term, 1892, of TRANSYLVANIA Superior Court, before Holce, J. The case upon former appeal is reported in 106 N. C., 512, And, pursuant to the decision therein, A. C. Williams, the vendor, was made a party plaintiff. Upon the trial the following facts were admitted : 1. That iu December, 1883, A. C. Williams, then a resident of Transylvania County, sold to the feme defendant, Sally Wheeler (formerly of South Carolina), the tract of land described in the pleadings; that she received a deed for the land, paid a portion of the…
1Opinion of the Court
Burwell, J.:
The decision of the Court in this cause (106 N. C., 512) was founded on the facts as they then appeared, and it was correctly determined that both the note and mortgage executed by the feme defendant were void, because, as we were then informed, they were executed in this State. The admissions of the parties have now very materially changed their rights and liabilities.
It is conceded that the note sued on was executed in South Carolina ; and it is a valid obligation of the feme defendant, since, by the laws of that State, she had power to execute said note and bind herself…
2Cases cited3 opinions
- Williams v. . CarrSupreme Court of North Carolina · 1879
- Taylor v. . SharpSupreme Court of North Carolina · 1891
- Wood v. . WheelerSupreme Court of North Carolina · 1890
3Cited by7 opinions
- Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
- Smith v. Ingram.Supreme Court of North Carolina · 1902
- National Exchange Bank v. Rook Granite Co.Supreme Court of North Carolina · 1911
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Smith v. Ingram.Supreme Court of North Carolina · 1902
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