Howell v. . Cloman
Supreme Court of North Carolina
AotioN of claim and delivery, tried before Mclver, J., and a jury, at June Term, 1895, of EdgecoMbe Superior Court. There was a verdict for the plaintiffs and the defendants appealed from the judgment thereon. The facts 'appear in the opinion of Chief Justice Eaieoloth.
1Opinion of the Court
Faircloth, C. J.:
It is admitted that when the defendants signed the mortgage.it secured only $500, and that in that condition the defendant J. B. Cloman carried it tó the plaintiffs’ store. The plaintiffs’ witnesses testify that it was then and there changed to $1,000, and the husband defendant says it was not so changed when he acknowledged the deed for probate. His wife testified that she examined and read the mortgage at the time she acknowledged it for probate and registration and that it had not been changed. This conflicting evidence was subniitted to the jury and they rendered a…
2Cited by3 opinions
- Wicker v. . JonesSupreme Court of North Carolina · 1912
- Wicker v. JonesSupreme Court of North Carolina · 1912
- Krechel v. MercerSupreme Court of North Carolina · 1964