McNeely Ex Rel. McNeely v. Walters

Conceding that the note and deed of trust were executed by Grady McNeely without authority, still we think the plaintiff must fail in his suit, if not upon the principle of ratification, then upon the doctrine of estoppel. Sugg v. Credit Corp., 196 N. C., 97, 144 S. E., 554; Lawson v. Bank, 203 N. C., 368, 166 S. E., 177.

Plaintiff was fully aware of all the facts surrounding the transaction in June, 1926, when he accepted from the defendants further indulgence and forbearance. Grady McNeely was then living and the note was not barred by the statute of limitations. Plaintiff made no contention…