Patton v. Cooper.
Supreme Court of North Carolina
ActioN by T. T. Patton and others against M. D. Cooper and others, heard by Judge W. B. Gouncill, at Fall Term, 1902, of the Superior Court- of Transylvania County. Appeal from Councill, J., Transylvania Superior Court. By consent the judge found the facts, those material to this appeal being as follows: In November, 1896, the defendants, M. D. Cooper and W. L. Aiken, endorsed a note as sureties for the makers thereof, J. II. Zachary and M. Gr.
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ActioN by T. T. Patton and others against M. D. Cooper and others, heard by Judge W. B. Gouncill, at Fall Term, 1902, of the Superior Court- of Transylvania County. Appeal from Councill, J., Transylvania Superior Court. By consent the judge found the facts, those material to this appeal being as follows: In November, 1896, the defendants, M. D. Cooper and W. L. Aiken, endorsed a note as sureties for the makers thereof, J. II. Zachary and M. Gr. J ones (the latter now deceased) payable to W. H. Faulkner twelve months after date. Said Faulkner soon after its execution endorsed said note to a…
1Opinion of the Court
Clark, C. J.,
after stating the facts. The receipts entered on docket 27 October and 27 December, 1898, unexplained would have been a satisfaction of the judgment except as to the $3 afterwards paid and entered 18 March, 1899. But the subsequent purchasers, the mortgagees of the judgment debtor, who are the plaintiffs herein, were fixed with notice of any facts appearing further upon the judgment docket or of which they were put upon inquiry by such entries. Their mortgage and trust deed were not taken till April, 1900, and they found, for they properly bad the judgment docket searched, that…
2Cases cited2 opinions
- Peebles v. . GaySupreme Court of North Carolina · 1894
- State Ex Rel. Rice v. HearnSupreme Court of North Carolina · 1891