Winchester v. . Winchester
Supreme Court of North Carolina
Appeal by plaintiff from Adams, J., at April Term, 1919, of Meck-lenburg. On 1 August, 1913, Dr. F. M. Winchester and his wife, Mary W. Winchester, executed to J. H. Little, trustee, a deed of trust on the property in question, securing the payment of two' notes or bonds, one in the sum of $1,200, due Margaret A. Hilton, and one in the sum of $1,000, due F. S. McLaughlin.
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Appeal by plaintiff from Adams, J., at April Term, 1919, of Meck-lenburg. On 1 August, 1913, Dr. F. M. Winchester and his wife, Mary W. Winchester, executed to J. H. Little, trustee, a deed of trust on the property in question, securing the payment of two' notes or bonds, one in the sum of $1,200, due Margaret A. Hilton, and one in the sum of $1,000, due F. S. McLaughlin. On 6 May, 1918, said trustee foreclosed the said deed of trust, and the defendant, Mary W. Winchester, purchased said property at said sale for $3,000. The plaintiff’s intestate held a second deed of trust on said property,…
1Opinion of the Court
Olahic, O. J.
The jury found, by consent, that Mary W. Winchester was executrix of the estate of Dr. F. M. Winchester, and that the estate owed the plaintiff $480, and upon the evidence that the lot bought by Mary W. Winchester brought its full value. The plaintiff excepted, because the court did not submit to the jury four other issues, whether the sale was made at the request of the defendant executrix, or at the request of the owners and holders of the bonds secured by the mortgage; whether the executrix procured the sale to be made for the purpose of obtaining title to the land for…
2Cases cited3 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Monroe Bros. v. Fuchtler & KernSupreme Court of North Carolina · 1897
- Bradley v. Camp Manufacturing Co.Supreme Court of North Carolina · 1919
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