Brown v. Hoover
Supreme Court of North Carolina
Civil ActioN, tried at Spring Term, 1877, of DavidsoN Superior Court, before Kerr, J. At the request of the defendant, the plaintiff and one-Charles Hoover became sureties on a bond given by the defendant to one Mendenhall on the 19th of December, I860,, for the sum of $700, and to indemnify . his sureties from all-loss, the defendant executed to them a mortgage on a tract of land, dated the 15th of February, 1861. Shortly after the war Mendenhall brought suit on the bond…
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Civil ActioN, tried at Spring Term, 1877, of DavidsoN Superior Court, before Kerr, J. At the request of the defendant, the plaintiff and one-Charles Hoover became sureties on a bond given by the defendant to one Mendenhall on the 19th of December, I860,, for the sum of $700, and to indemnify . his sureties from all-loss, the defendant executed to them a mortgage on a tract of land, dated the 15th of February, 1861. Shortly after the war Mendenhall brought suit on the bond against the principal and sureties and recovered judgment. Execution issued and the plaintiff wás compelled to pay, and…
1Opinion of the Court
Read®, J.
Upon the facts agreed the judgment of the-Court below was clearly right.
The lien created by the mortgage of 1861 was valid as; against the defendant’s claim of homestead. And it was also valid as against the creditors of the defendant and his as-signee in bankruptcy. .
Whether the plaintiff should have sought his rights-through the United States or the State Courts, is of.small-moment to the defendant. ¥e are of the opinion however*, that this procedure in the State Court was right.
There is no error. This will be certified.
PeR CüRiam. .Judgment affirmed...
2Cited by1 opinion
- Cheek v. . NallSupreme Court of North Carolina · 1893