Hinton v. . Greenleaf
Supreme Court of North Carolina
Civil ACTION to recover possession of land sold under deed of trust, tried before Bynum, J., and a jury, at Spring Term, 1893, of PasquotaNK Superior Court. The facts are sufficiently stated in the opinion of Chief Justice SiiepheRD. From the judgment on a verdict for the plaintiff, defendants appealed.
1Opinion of the Court
. Shepherd, C. J.:
It is settled by abundant authority that, “where a husband mortgages his property for his debt, and in the same mortgage the wife conveys her own separate property as security for the same debt, her property so conveyed will be treated in all respects as a surety, * * * and will be discharged by anything that would discharge a surety or guarantor who was personally liable.” 1 Brandt on Suretyship, §32; Cross v. Allen, 141 U. S., 528; Spear v. Ward, 20 Cal., 659; Gahn v. Niemcewieg, 11 Wend., 312; Bank v. Burns, 46 N. Y., 170; Bishop Law of Married Women, 604; Jones…
2Cases cited8 opinions
- Cross v. AllenSupreme Court of the United States · 1891
- The Bank of Albion v. . BurnsNew York Court of Appeals · 1871
- Gore v. . TownsendSupreme Court of North Carolina · 1890
- Forbes v. . SheppardSupreme Court of North Carolina · 1887
- First National Bank of Charlotte v. Lineberger, Rhyne & Co.Supreme Court of North Carolina · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- O'Grady v. First Union National BankSupreme Court of North Carolina · 1978
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Shew v. . CallSupreme Court of North Carolina · 1896
- Fleming v. . BardenSupreme Court of North Carolina · 1900
- Hedrick v. . ByerlySupreme Court of North Carolina · 1896
7 more not listed; retrieve them via the Exa API.