Fitts v. A. F. Messick Grocery Co.
Supreme Court of North Carolina
Civil actioN, tried before Ward, and a jury, at September Term, 1906, of the Superior Court of Eobsyth County. The plaintiff sues to have cancellation of record of a certain deed in trust, executed by her to defendant D. H. Blair,' and for other relief.
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Civil actioN, tried before Ward, and a jury, at September Term, 1906, of the Superior Court of Eobsyth County. The plaintiff sues to have cancellation of record of a certain deed in trust, executed by her to defendant D. H. Blair,' and for other relief. The facts, in regard to which there is no controversy, are: Plaintiff, the wife of defendant J. S. Eitts, being the owner of the real estate described in the complaint, on 18 April, 1900, .for the purpose of securing the payment of a note for $300, payable to W. A. Walker, executor, executed to defendant A. IT. Eller, trustee, a deed in trust,…
1Opinion of the Court
Connor, J.,
after stating tbe case: Tbe allegation that plaintiff’s note was paid, is eliminated by tbe verdict of tbe jury. The case then, comes to this: Plaintiff, by her husband, whose agency in that respect is not denied, deposits her note with the defendant grocery company to secure a line of credit to be extended to Eitts & Lash to the extent of $300. Eor goods purchased in excess of that amount they were to make monthly payments which were to be, and were, applied to the .extinguishment of such purchases. Conceding that the time of payment fixed by the note marked the limit of time for…
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