Nimrock v. . Scanlin
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1882, of Cumberland' Superior Court, before Gilmer, J. This action was brought by the plaintiff as mortgagee ■against the defendant R. T. Scanlin and A. A. McKethan, to recover the possession of the mortgaged premises.
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Civil Action tried at Fall Term, 1882, of Cumberland' Superior Court, before Gilmer, J. This action was brought by the plaintiff as mortgagee ■against the defendant R. T. Scanlin and A. A. McKethan, to recover the possession of the mortgaged premises. It appeared upon the trial that the plaintiff claimed under a, mortgage executed by R. T. Scanlin and his wife Martha D., dated the 19th day of June, 1880, and registered on the 26th ■of same month, and was subsequent to a mortgage executed by the same parties to A. A. McKethan upon the same land, dated the 18th day of Jánüary, 1877, and that no…
1Opinion of the CourtAshe, J.
The point was raised on the trial in the court below, that Martha D. Scanlin was a necessary party to the action.
We are of the opinion the point is well taken, for she joined with her husband in both deeds of mortgage, and if the land was the absolute property of her husband, there is nothing in the deeds to show that her joining in them was intended to affect her dower or homestead right in the land. But for aught that appears upon the face of the deeds, she may have been the owner of the same in her own right, or bad a joint interest in it with her husband; but however this may be*, the…
2Cases cited1 opinion
- Capehart v. . BiggsSupreme Court of North Carolina · 1877
3Cited by2 opinions
- Chadbourn v. . JohnstonSupreme Court of North Carolina · 1896
- Vanstory v. . ThorntonSupreme Court of North Carolina · 1894