Gray v. . Mewborn

Stacy, C. J".,

after stating the case: The defendants, by their demurrer, admit, for the purpose of testing the sufficiency of the complaint (Brick Co. v. Gentry, 191 N. C., 636), that it was the intention of the parties, at the time of the execution and delivery of the Mewborn mortgage, to make it subject to other liens, including the Gray mortgage, and that, through fraud or mistake, reference to the prior encumbrances was inserted in the warranty clause rather than in the premises or habendum of said instrument, which was held to be insufficient in the foreclosure proceeding (Quere? Hardy…