Henderson-Snyder Co. v. . Polk
Supreme Court of North Carolina
ActioN tried before Jones, J., and a iury, February Term, 1908, of UNION. This action was brought to recover tbe possession of a mule.
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ActioN tried before Jones, J., and a iury, February Term, 1908, of UNION. This action was brought to recover tbe possession of a mule. Tbe plaintiff claimed tbe mule under a mortgage of J. Lee Polk to it, and tbe defendant under a mortgage from J. Lee Polk of prior date, which conveyed two mules, one of which is the mule in controversy. ■ The defendant alleged that the. note and mortgage, under which the plaintiff claimed, were given to suppress a criminal prosecution and, further, that the two mules had been sold under the senior mortgage at a fair sale and purchased by him. The plaintiff…
1Opinion of the Court
WalKER, J.,
after stating the case: We have carefully •examined the testimony in this case, and think there was at least some evidence that the plaintiff’s mortgage was not given to procure the withdrawal of the criminal prosecution, or, in other words, that the suppression of the prosecution was not'the consideration of the debt and the mortgage securing its payment. There was some evidence tending to show that the withdrawal of the prosecution was an independent transaction, not influenced by the promise to give the note and mortgage. The evidence may have been slight, but it was fit for the…
2Cases cited4 opinions
- Card v. StateIndiana Supreme Court · 1886
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Davis v. Keen.Supreme Court of North Carolina · 1906
- Den Ex Dem. Smith v. GreenleeSupreme Court of North Carolina · 1829
3Cited by6 opinions
- Nash v. Elizabeth City Hospital Co.Supreme Court of North Carolina · 1920
- State v. . DavisSupreme Court of North Carolina · 1919
- Lamm v. CrumplerSupreme Court of North Carolina · 1951
- Hart Cotton Mills, Inc. v. AbramsSupreme Court of North Carolina · 1950
- Johnson v. . PittmanSupreme Court of North Carolina · 1927
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