Legal Opinion

Morris v. . Herndon

Supreme Court of North Carolina

Decided September 5, 1893PublishedCited by 6 opinions

This was a civil ACTION, tried before Connor, J., and a jury, at October Term, 1892, of DURHAM Superior Court. The plaintiff introduced the following evidence; W. H. Morris, plaintiff: “I held the mortgage of March 19, 1886. There was due in 1889 thirty dollars and interest. L. C. Herndon came and asked me to take J. R ITerndon out from under Mr. Farthing. I paid Mr. Farthing two hundred and thirty-five dollars and sixty-five cents.

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This was a civil ACTION, tried before Connor, J., and a jury, at October Term, 1892, of DURHAM Superior Court. The plaintiff introduced the following evidence; W. H. Morris, plaintiff: “I held the mortgage of March 19, 1886. There was due in 1889 thirty dollars and interest. L. C. Herndon came and asked me to take J. R ITerndon out from under Mr. Farthing. I paid Mr. Farthing two hundred and thirty-five dollars and sixty-five cents. Two hundred was for Herndon’s mother; the balance was for J. R. Herndon ($35.65). L. C. Herndon was present at the time the last mortgage was executed. He was…

1Opinion of the Court

Shephekd, C. J.:

In Mason v. Williams, 66 N. C., 564, it is said by Rodman, J., that registration is not sufficient notice to prevent the operation of an estoppel in pais; but even were it otherwise, such constructive notice would not affect the rights of an innocent purchaser, if under the circumstances it was the duty of the owner to make known his claim or title. This doctrine of constructive notice when applied to estoppels, “ if correct at all (says Mr. Pomeroy, 2 Eq. Jur., 810), is correct only within very narrow limits, and must be strictly confined to cases where the conduct creating…

2Cases cited1 opinion

  1. W. S. Mason v. . Alfred WilliamsSupreme Court of North Carolina · 1872

3Cited by6 opinions

  1. Eastwood v. Standard Mines & Milling Co.Idaho Supreme Court · 1905
  2. Bank v. Bank.Supreme Court of North Carolina · 1905
  3. Shattuck v. . CauleySupreme Court of North Carolina · 1896
  4. Eastern Banking & Trust Co. v. CollinsSupreme Court of North Carolina · 1927
  5. Hiden v. MahanesSupreme Court of Virginia · 1916

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