Legal Opinion

Hedrick v. Pratt

Supreme Court of North Carolina

Decided February 15, 1886PublishedCited by 5 opinions

This was a civil action tried before Shipp, Judge, and a jury, at Spring Term, 1885, of Chowan Superior Court. The plaintiff introduced a mortgage from John S. Hedrick to himself, to secure a note therein recited, payable to the plaintiff. He showed that the defendant had purchased the mare described in the deed, and was still in possession. It was admitted that the mortgagor, J. S. Hedrick, had died before the commencement of this action.

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This was a civil action tried before Shipp, Judge, and a jury, at Spring Term, 1885, of Chowan Superior Court. The plaintiff introduced a mortgage from John S. Hedrick to himself, to secure a note therein recited, payable to the plaintiff. He showed that the defendant had purchased the mare described in the deed, and was still in possession. It was admitted that the mortgagor, J. S. Hedrick, had died before the commencement of this action. Plaintiff was offered as a witness in his own behalf, and was asked “if the debt secured in the mortgage had been paid?” To this question the defendant…

1Opinion of the CourtMerrimoN, J.

It is a well settled rule of practice in this State, that when on the trial, the Court intimates an opinion that the plaintiff cannot maintain the action, he may, in deference to the opinion of the Court, submit to a judgment of non-suit, assign ground of error, and appeal to this Court. In such cases, the judgment is not regarded as one entered simply at the instance of the plaintiff; he submits to it with the understanding on the part of the Court, that he shall have the right to except and appeal. Pescud v. Hawkins, 71 N. C., 299; Graham v. Tate, 77 N. C., 120; Wharton v. The…

2Cases cited4 opinions

  1. Wharton v. Commissioners of CurrituckSupreme Court of North Carolina · 1880
  2. Graham v. . TateSupreme Court of North Carolina · 1877
  3. Pescud v. . HawkinsSupreme Court of North Carolina · 1874
  4. Kirby v. . MillsSupreme Court of North Carolina · 1878

3Cited by5 opinions

  1. Cutts v. CaseySupreme Court of North Carolina · 1971
  2. Mobley v. . WattsSupreme Court of North Carolina · 1887
  3. Hayes v. RailroadSupreme Court of North Carolina · 1905
  4. Chandler v. . MillsSupreme Court of North Carolina · 1916
  5. Weeks v. McPhail.Supreme Court of North Carolina · 1901

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