Harrison v. . Styres
Supreme Court of North Carolina
This was a civil actioN, brought to recover $577.00 alleged to be due the plaintiff by the defendant, on a bond executed on the 15th day of October, A. D. 1860, in which the defendant Styres was principal, and the co-defendants, sureties, and also for the purpose of foreclosing a mortgage executed by the defendant Styres to the other ■ defendants to indemnify them as sureties, tried before his Honor, Judge Cloud, at Spring Term, 1874, of the Superior Court of Davidsoít…
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This was a civil actioN, brought to recover $577.00 alleged to be due the plaintiff by the defendant, on a bond executed on the 15th day of October, A. D. 1860, in which the defendant Styres was principal, and the co-defendants, sureties, and also for the purpose of foreclosing a mortgage executed by the defendant Styres to the other ■ defendants to indemnify them as sureties, tried before his Honor, Judge Cloud, at Spring Term, 1874, of the Superior Court of Davidsoít ■county. The plaintiff offered in evidence a mortgage duly registered on the 14th day of May, 1861. The defendants objected…
1Opinion of the Court
ByNüm, J.
On the 15th of October, 1860, the plaintiff sold and conveyed a tract of land to the defendant, Styres, for tiite-sum of $570, taking his bond for the purchase money with the defendants, Harrison and Hill, as the sureties thereon. At the same time, and as a part of the transaction, Styres, the principal, executed to the sureties a mortgage of the land, reciting therein the suretyship and expressly stipulating that Styres should pay the debt on or before the 15th of March, 1861, or the deed should become absolute. The mortgage was not registered until the 14th of May, 1861. The…
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