Blossom v. . Westbrook
Supreme Court of North Carolina
This was a civil aotioN, tried before-His Honor, Boylrni, J., and a jury, at Fall Term, 1894, of Feuder Superior Court. The plaintiff brought suit to foreclose a mortgage made to him by the defendant to secure the debt mentioned, which mortgage is in these words: “I, Joseph H. Westbrook, of the county of Pender and State of North Carolina, am indebted to Samuel Blossom, of New Hanover County, in the sum of Fifty-Five Dollars, with interest thereon at 8 per cent, from the 1st…
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This was a civil aotioN, tried before-His Honor, Boylrni, J., and a jury, at Fall Term, 1894, of Feuder Superior Court. The plaintiff brought suit to foreclose a mortgage made to him by the defendant to secure the debt mentioned, which mortgage is in these words: “I, Joseph H. Westbrook, of the county of Pender and State of North Carolina, am indebted to Samuel Blossom, of New Hanover County, in the sum of Fifty-Five Dollars, with interest thereon at 8 per cent, from the 1st day of February, 1886, due by Judgment of Superior Court, rendered at March Term, 1887, and the further sum of Eleven…
1Opinion of the Court
MONTGOMERY, J.:
In Hughes v. Hodges, 102 N. C., 262, this Court held that the husband alone might make a conveyance of his lands by way of mortgage free from all homestead rights unless one or more of three conditions named in that case existed. One of those conditions was that there must be “ an unsatisfied judgment, or judgments, that constituted a lien upon the land when conveyed and upon which execution might still issue and make it necessary to have his homestead allotted.” In the case before us it appears that at the time of the execution of. the mortgage by the defendant he was a…
2Cases cited1 opinion
- Hughes v. . HodgesSupreme Court of North Carolina · 1889