Watkins v. . Williams
Supreme Court of North Carolina
Civil action to recover land tried before Robinson, J., at February Term, 1898, of Chatham Superior Court. The plaintiffs complained that the absolute deed under which the defendant held the land from their deceased father, Daniel S. Watkins, with the attendant circumstances, was in fact a mortgage and that it was satisfied. His Honor held it to be a mortgage and the jury found there was nothing due on it. Judgment for plaintiff. Appeal by defendant.
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Civil action to recover land tried before Robinson, J., at February Term, 1898, of Chatham Superior Court. The plaintiffs complained that the absolute deed under which the defendant held the land from their deceased father, Daniel S. Watkins, with the attendant circumstances, was in fact a mortgage and that it was satisfied. His Honor held it to be a mortgage and the jury found there was nothing due on it. Judgment for plaintiff. Appeal by defendant. Statement of facts are contained in the opinion.
1Opinion of the Court
Faikcloth, C. J.:
The plaintiffs are the only heirs at law of D. S. Watkins, who died intestate in October, 1882. It appears from the record that' said Watkins, in June, 1882, had executed a mortgage on the lands in controversy, about 207 acres, to Hadley & Dixon to secure a debt of $50 due them and payable December 1, 1882, and that he applied to the defendant, his brother-in-law, to take up said mortgage.
Carson Johnson testified that he was a Justice of the Peace in 1882, and was asked by defendant to go with him to Watkins’ house to prepare a deed, and further testified that “when they got…
2Cases cited6 opinions
- Robinson v. Willoughby.Supreme Court of North Carolina · 1871
- Kelly v. . BryanSupreme Court of North Carolina · 1849
- Waters v. . CrabtreeSupreme Court of North Carolina · 1890
- Poindexter v. . McCannonSupreme Court of North Carolina · 1830
- Mason v. . HearneSupreme Court of North Carolina · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- O'Briant v. . LeeSupreme Court of North Carolina · 1939
- Bunn v. BraswellSupreme Court of North Carolina · 1905
- Porter v. White.Supreme Court of North Carolina · 1901
- Ellett v. EllettSupreme Court of North Carolina · 1911
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