Thomas v. . Sandlin
Supreme Court of North Carolina
Civil action to recover a piano on wbicb plaintiff teld a chattel mortgage, executed by tbe defendant to secure a debt of $153, due September, 1914, beard on appeal from recorder’s court before Bond, J., at February Term, 1917, of New Haetover.
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Civil action to recover a piano on wbicb plaintiff teld a chattel mortgage, executed by tbe defendant to secure a debt of $153, due September, 1914, beard on appeal from recorder’s court before Bond, J., at February Term, 1917, of New Haetover. On tbe bearing tbe relevant facts agreed upon by tbe parties were as follows: 1. L. E. Sandlin, defendant, is a married man residing witb bis wife and daughters. 2. He purchased a piano and bad tbe same placed in bis bouse to be used by bis wife .and daughters, and it was used by them. 3. That L. E. Sandlin mortgaged tbe piano subsequent to tbe passage…
1ConcurrenceClark, C. J.
On the hearing the relevant facts agreed upon by the parties were as follows:
1. L. E. Sandlin, defendant, is a married man residing with his wife and daughters.
2. He purchased a piano and had the same placed in his house to be used by his wife and daughters, and it was used by them.
3. That L. E. Sandlin mortgaged the piano subsequent to the passage of section 1041 of the Revisal of 1905.
5. That the mortgage was not signed by the wife of the defendant, nor was her privy examination taken as required under section 1041 of the Revisal of 1905.
6. That the defendant was indebted to the plaintiff…
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