Christian v. . Yarborough
Supreme Court of North Carolina
Civil ActioN, to vacate tbe cancellation entered upon tbe margin of registration of a mortgage from John W. Erwin, deceased, to the plaintiffs, on the ground that it was the unauthorized act of their attorney, tried before Bryan, J., at April Term, 1898, of the Superior Court of Franklin County. The defendants — administrators and heirs-at-law of the intestate, Erwin — claim that the act of plaintiffs’ attorney, if not authorized, was at least ratified, by his clients.
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Civil ActioN, to vacate tbe cancellation entered upon tbe margin of registration of a mortgage from John W. Erwin, deceased, to the plaintiffs, on the ground that it was the unauthorized act of their attorney, tried before Bryan, J., at April Term, 1898, of the Superior Court of Franklin County. The defendants — administrators and heirs-at-law of the intestate, Erwin — claim that the act of plaintiffs’ attorney, if not authorized, was at least ratified, by his clients. The circumstances detailed in evidence upon which both sides claimed the verdict of the jury upon the issue — 1. Has the…
1Opinion of the CourtMoNxgomeby, J.
This action was brought to have declared null and void a release and satisfaction of the provisions of a certain mortgage from J. W. Erwin, now deceased, to J. D. and R. S. Christian, entered on the margin of the registry in Franklin County, North Carolina. John W. Erwin, the intest.ate of the defendants Yarborough and 'Whee-lass, in his lifetime, and the plaintiffs before they were incorporated, had between them numerous contracts and agreements concerning the indebtedness of the intestate to them. Erwin, on the first day of March, 1892, executed a deed of trust to R. S. Christian upon all…
2Cases cited4 opinions
- Rudasill v. . FallsSupreme Court of North Carolina · 1885
- Woodcock v. . MerrimonSupreme Court of North Carolina · 1898
- Ward v. . PhillipsSupreme Court of North Carolina · 1883
- Browne v. . DavisSupreme Court of North Carolina · 1891
3Cited by10 opinions
- Journal Publishing Co. v. BarberSupreme Court of North Carolina · 1914
- Herndon v. . R. R.Supreme Court of North Carolina · 1913
- Espinosa v. MartinCourt of Appeals of North Carolina · 1999
- Four County Agricultural Credit Corp. v. SatterfieldSupreme Court of North Carolina · 1940
- Hooper v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1925
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