Flemming v. Borden

This case is now before us on a petition to rehear, having been decided in 126 N. C., 450. The facts are sufficiently set forth in the former opinion, to which, *215after careful consideration, we feel it our duty to adhere. The decisive question was,whether the contract for the extension of payment operated as a discharge of the debt as far as Mrs. Erown was concerned. We think it did. In Hinton v. Greenleaf, 113 N. C., 6, this Court says: “It is settled by abundant authority that, 'where a husband mortgages his property for his debt, and in the same mortgage the wife conveys her own separate…