Triplett v. . Foster
Supreme Court of North Carolina
Civil action for foreclosure of a mortgage, tried at Fall Term, 1893, of Wilkes Superior Court, before Winston, J., and a jury. The issues submitted to the jury and responses were as follows: 1. “ Is the defendant indebted to the plaintiff, and if so, in what amount?” Ans. “Yes, according to prayer of complaint.” 2. “ Is the plaintiff’s cause of action barred by the statute of limitations ? ” Ans.
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Civil action for foreclosure of a mortgage, tried at Fall Term, 1893, of Wilkes Superior Court, before Winston, J., and a jury. The issues submitted to the jury and responses were as follows: 1. “ Is the defendant indebted to the plaintiff, and if so, in what amount?” Ans. “Yes, according to prayer of complaint.” 2. “ Is the plaintiff’s cause of action barred by the statute of limitations ? ” Ans. “No.” 3. “ Is the plaintiff the owner of the notes sued on ?” (The third issue is excluded and covered by the first issue.) 4. “ Is the plaintiff’s cause of action for the foreclosure of the…
1Opinion of the Court
Shbpheed, C. J.:
The answer does not state facts sufficient to amount to a plea of illegality or fraud in the inception or the transfer of the notes sued upon, nor is there any evidence tending to sustain such a defence. This being so, the production of the notes by the plaintiff was prima facie evidence of ownership, and it devolved upon the defendant to rebut the presumption. Jackson v. Love, 82 N. C., 405; Holly v. Holly, 94 N. C., 670; Ballinger v. Cureton, 104 N. C., 474; Bank v. Burgwyn, 108 N. C., 62. Apart from this, however, the evidence of the defendant, who was examined in his own…
2Cases cited4 opinions
- Jackson v. . LoveSupreme Court of North Carolina · 1880
- Holly v. . HollySupreme Court of North Carolina · 1886
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1891
- Ballinger v. . CuretonSupreme Court of North Carolina · 1889
3Cited by3 opinions
- Beaman v. Ward.Supreme Court of North Carolina · 1903
- Standard Trust Co. v. Commercial National BankSupreme Court of North Carolina · 1914
- Nance v. . HulinSupreme Court of North Carolina · 1926