Ijames v. . Gaither
Supreme Court of North Carolina
Mortgage — Registration Notice. — Surety—Subrogation — Consideration — Statute of Limitations. Civil ActiON tried, on a ease agreed, by Graves, Judge, at Pall Term, 1885, of the Superior Court of Davie county.
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Mortgage — Registration Notice. — Surety—Subrogation — Consideration — Statute of Limitations. Civil ActiON tried, on a ease agreed, by Graves, Judge, at Pall Term, 1885, of the Superior Court of Davie county. The following facts were agreed upon between the parties to the action: That on the 7th day of April, 1874, the defendant W. B. Jones borrowed of the plaintiff the sum of one hundred dolíaos, and executed to him his promissory note for the payment of the same, with the defendant R. M. Austin as surety thereon, which is hereto attached, marked “ A.” That on the same day, but after the…
1Opinion of the Court
Ashe, J.,
(after stating the case). Formerly it was held by our Courts of Equity that notice of a prior unregistered mortgage or deed in trust might be given by parol, and would give relief against a subsequent deed first registered. The consequence was, that many deeds were withheld from the registry, and were only used when the parties wished to do so.
It was found that many abuses and ills arose from this practice, and to obviate them, the Legislature passed the act of 1820, requiring all mortgages and deeds of trust to be registered within six months from their execution. But it was…
2Cases cited4 opinions
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Robinson v. WilloughbySupreme Court of North Carolina · 1874
- Morrill v. MorrillSupreme Court of Vermont · 1880
3Cited by19 opinions
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Wynn v. GrantSupreme Court of North Carolina · 1914
- Holden v. . StricklandSupreme Court of North Carolina · 1895
- Whitted v. Fuquay.Supreme Court of North Carolina · 1900
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