Kidder v. . McIlhenny
Supreme Court of North Carolina
•Civil ActtoN tried at Fall Term, 1878, of Brunswick Superior Court, before Buxton, J. This was an action in the nature of a bill to foreclose a mortgage. The plaintiff alleged that defendant executed a note to him for forty-two hundred dollars on the 27th of April, 1868, and secured its payment by a mortgage upon certain lands.
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•Civil ActtoN tried at Fall Term, 1878, of Brunswick Superior Court, before Buxton, J. This was an action in the nature of a bill to foreclose a mortgage. The plaintiff alleged that defendant executed a note to him for forty-two hundred dollars on the 27th of April, 1868, and secured its payment by a mortgage upon certain lands. The defendant admitted the execution of • said deed, and avers that he did not make the note as alleged, but made a note at-that time to the plaintiff, which he is advised and believes was not secured by the mortgage, and that seven years subsequent to the date of the…
1Opinion of the Court
Smith, O. J.
This case has been elaborately argued, and numerous points eliminated from 'the record and pressed upon our attention, which in the view we take, need not be considered in its final disposition.
The action is to recover judgment upon a promissory note of the defendant, and to foreclose a mortgage of land given for its security. The feme defendant claims the land under an execution sale upon a judgment recovered by a creditor of her husband, the other defendant, and both in "their separate answers allege that when the note was executed by the husband he was not indebted to the…
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- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
- Mebane v. . MebaneSupreme Court of North Carolina · 1879
- Coble v. ShoffnerSupreme Court of North Carolina · 1876
- Bridgers v. . BridgersSupreme Court of North Carolina · 1873
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