Farthing v. . Shields
Supreme Court of North Carolina
This was a civil action, tried before Armfield, J., at January Term, 1890, of the Superior Court of Durham County, brought by plaintiff to recover of defendants a balance of about $1,000 on a note executed by defendants in the following words: “ On or before the first day of April, 1887, we, or either of us, promise to pay G. C. Farthing $1,340, with interest from date, at the rate of eight per cent., until paid.
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This was a civil action, tried before Armfield, J., at January Term, 1890, of the Superior Court of Durham County, brought by plaintiff to recover of defendants a balance of about $1,000 on a note executed by defendants in the following words: “ On or before the first day of April, 1887, we, or either of us, promise to pay G. C. Farthing $1,340, with interest from date, at the rate of eight per cent., until paid. “ Joe H. Shields. [Seal.] “ Fb,ANCHAN Shields. [Seal.] “Witness: Robert McCauley. “ July 13th, 1886.” 'The Court rendered a judgment against the defendant Joe H. Shields, but refused…
1Opinion of the Court
Shepheed, J.:
This action is not brought to foreclose the mortgage executed by the defendants on the wife’s land, but its purpose is either to obtain a personal judgment on the bond, or to enforce its payment out of the general statutory separate estate of the feme defendant.
As the plaintiff obtained a personal judgment against the husband, it is only necessary for us to consider the liability of the wife, or her statutory separate estate for the debt sued upon.
Apart from the mortgage given to secure it, the bond is an executory contract, and it is well settled by the uniform decisions of this…
2Cases cited12 opinions
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Fort v. . AllenSupreme Court of North Carolina · 1892
- Warren v. . DailSupreme Court of North Carolina · 1915
- Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
- Ricks v. WilsonSupreme Court of North Carolina · 1911
- Vann v. Edwards.Supreme Court of North Carolina · 1904
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