Den Ex Dem. Leggett v. Bullock
Supreme Court of North Carolina
This was an action of ejectment, upon the several demises of Benjamin Leggett and Lembury James, tried before his Honor, Judge Bailey, at Martin, on the last Spring Circuit.
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This was an action of ejectment, upon the several demises of Benjamin Leggett and Lembury James, tried before his Honor, Judge Bailey, at Martin, on the last Spring Circuit. It was admitted that, on the 30th of April, 1849, the premises in the declaration mentioned, belonged to one William Bullock ; and it was in evidence that on that day, he was indebted to Gam-bril &> Williams to the amount of fifty-six dollars, and Lembury James became his surety for the debt; and to secure the payment thereof, took from him a deed of mortgage of the said premises. The said deed was not registered ; and it…
1Opinion of the CourtPearson, J.
In 1849, William Bullock executed a mortgage to James, one of the lessors, for the land in controversy. This deed was never registered, and is lost. In 1850, Bullock executed a deed for the same land to the defendant, his father, without valuable consideration, which deed was duly registered. The plaintiff read in evidence a deed executed by William Bullock to the lessor, James, in 1852, which purports to be a substitute for the mortgage of 1849, and the subscribing witness swore that it was substantially a copy.
His Honor was of opinion that the plaintiff could not recover, we suppose, on the…
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