Jenkins v. . Daniel
Supreme Court of North Carolina
Civil, ActioN beard before Robinson, upon exceptions to report of referee filed by defendants, at November Term,, 1898, of tbe Superior Court of GebbNe County. Tbe plaintiff John H. Jenkins on tbe lOtb August, 1888, along with, bis wife, Mary E. Jenkins, since dead, executed a mortgage deed on the wifeJs land to secure a note for $150 signed by them botb for a debt of tbe husband payable on 1st January, 1890, to A. N. Daniel, testator of defendant Ida. M. Daniel.
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Civil, ActioN beard before Robinson, upon exceptions to report of referee filed by defendants, at November Term,, 1898, of tbe Superior Court of GebbNe County. Tbe plaintiff John H. Jenkins on tbe lOtb August, 1888, along with, bis wife, Mary E. Jenkins, since dead, executed a mortgage deed on the wifeJs land to secure a note for $150 signed by them botb for a debt of tbe husband payable on 1st January, 1890, to A. N. Daniel, testator of defendant Ida. M. Daniel. On 12th February, 1890, the said John II. Jenkins executed a chattel mortgage to said A. N. Daniel to secure certain claims therein…
1Opinion of the CourtEurohes, J.
On the 10th of August, 1888, the plaintiff John IT. Jenkins borrowed of A. N. Daniel, the testator of the defendant Ida Daniel, the sum of $150, for which the said J. H. Jenkins and his wife, Mary E., executed their note to the said A. N. Daniel, due the 1st day of January, 1890; that at the same time they made and executed a mortgage to the said Daniel upon the land in controversy to secure the payment of said note and some other indebtedness; that the land so conveyed in said mortgage belonged to the feme, Mary E., then the wife of the said John H. Jenkins; that on the 12th day of February,…
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