Legal Opinion

Dobbin v. Rex

Supreme Court of North Carolina

Decided February 15, 1890PublishedCited by 7 opinions

This was an action to recover land, tried before Merrimon., J., at August Term, 1889, of the Superior Court of RowaN County. The plaintiff introduced in evidence a deed from the Sheriff of Rowan County to the plaintiff, executed the 18th day of May, 1888, conveying to the plaintiff the lands mentioned and described in the complaint, said deed having been duly probated and registered.

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This was an action to recover land, tried before Merrimon., J., at August Term, 1889, of the Superior Court of RowaN County. The plaintiff introduced in evidence a deed from the Sheriff of Rowan County to the plaintiff, executed the 18th day of May, 1888, conveying to the plaintiff the lands mentioned and described in the complaint, said deed having been duly probated and registered. The plaintiff then offered in evidence a report of commissioners who divided the land of Hugh Dobbin, deceased, among his heirs at law, by which the lands mentioned and described in the complaint, lot No. 3, was…

1Opinion of the Court

Shepherd,. J.:

1. The contention of the defendant that the charge for owelty was discharged by the execution of a note for the same is without merit.

In Jones v. Sherrard, 2 D. & B. Eq., 179, it was decided that in such cases the land is the debtor and the sole debtor, and that if a note is given by the owner to secure the charge, the land continues to be the primary debtor, and the note is only regarded as a collateral security.

Even if this were not so, the defendant could not now avail himself of such a defence, as he was a party to the motion in which it was adjudged, at November Term, 1883,…

2Cases cited1 opinion

  1. Ruffin v. . CoxSupreme Court of North Carolina · 1874

3Cited by7 opinions

  1. Jameson v. RixeySupreme Court of Virginia · 1897
  2. Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
  3. Herman v. . WattsSupreme Court of North Carolina · 1890
  4. Ex Parte WalkerSupreme Court of North Carolina · 1890
  5. Ex parte SmithSupreme Court of North Carolina · 1904

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