Legal Opinion
Beaver v. Ledbetter
Supreme Court of North Carolina
Decided January 20, 1967No. 290PublishedCited by 7 opinions
1Opinion of the CourtBobbitt, J.
Plaintiff bases her right to recover on this well settled legal principle: Where a purchaser of mortgaged land, by a valid and sufficient contract of assumption, agrees with the mortgagor, who is personally liable therefor, to assume and to pay the mortgage debt, such agreement inures to the benefit of the holder of the mortgage; and the holder of the mortgage can maintain an action at law on such agreement. Baber v. Hanie, 163 N.C. 588, 80 S.E. 57, 12 A.L.R. 1518; Bank v. Page, 206 N.C. 18, 173 S.E. 312; 4 Corbin on Contracts, § 796.
The general rule is stated in 59 C.J.S., Mortgages § 407,…
2Cases cited12 opinions
- Norburn v. MacKieSupreme Court of North Carolina · 1964
- Baber v. HanieSupreme Court of North Carolina · 1913
- GENERAL AIR CONDITIONING COMPANY v. DouglassSupreme Court of North Carolina · 1954
- Baber v. . HanieSupreme Court of North Carolina · 1913
- Blass v. . TerryNew York Court of Appeals · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Messer v. Laurel Hill AssociatesCourt of Appeals of North Carolina · 1989
- Branch Banking & Trust Co. v. Kenyon Investment Corp.Court of Appeals of North Carolina · 1985
- Albertson v. JonesCourt of Appeals of North Carolina · 1979
- Albertson v. JonesCourt of Appeals of North Carolina · 1979
- Woodlief v. JohnsonCourt of Appeals of North Carolina · 1985
2 more not listed; retrieve them via the Exa API.