Legal Opinion

Woodcock v. . Bostic

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 14 opinions

Civil actioN, heard on complaint and demurrer, before Graham, J., at March Term, 1895, of BuNcombe Superior Court. The complaint, after alleging th‘e execution of a note for $5,500 by defendant, D. D. Suttle, to the defendant, J. B. Bostic, secured by deed of trust, its assignment for value to the plaintiff, and its non-payment, further set out: “ 3. That on the 6th day of February, 1892, the defend- ' ant, J. M. Ray, contracted in writing with the defendant, J. B. Bostic,…

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Civil actioN, heard on complaint and demurrer, before Graham, J., at March Term, 1895, of BuNcombe Superior Court. The complaint, after alleging th‘e execution of a note for $5,500 by defendant, D. D. Suttle, to the defendant, J. B. Bostic, secured by deed of trust, its assignment for value to the plaintiff, and its non-payment, further set out: “ 3. That on the 6th day of February, 1892, the defend- ' ant, J. M. Ray, contracted in writing with the defendant, J. B. Bostic, for a valuable consideration, to pay the said note to the plaintiff, and to protect and save the defendants, Bostic and…

1Opinion of the Court

Montgomery, J.:

On the 2nd of August, 1890, J. B. Bostic con veyed to D. JD. Suttle a tract of land for the price of $5,500, Suttle at the same time ' executing his bond for the purchase money' and securing the same by a deed of trust on the land. Bostic assigned the bond to the plaintiff, Julia E. Woodcock, for value. Afterwards the defendant Ray became the purchaser of the land from Suttle or his grantee, and entered into a written agreement with Bostic and Suttle in which he, after reciting the indebtedness of Bostic and Suttle to the plaintiff, and declaring that it was secured bv a deed…

2Cases cited4 opinions

  1. Keller v. AshfordSupreme Court of the United States · 1890
  2. Burr v. . BeersNew York Court of Appeals · 1861
  3. State Ex. Rel. Petty v. RousseauSupreme Court of North Carolina · 1886
  4. Morehead v. WristonSupreme Court of North Carolina · 1875

3Cited by14 opinions

  1. Voorhees v. Porter.Supreme Court of North Carolina · 1904
  2. Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
  3. Baber v. HanieSupreme Court of North Carolina · 1913
  4. Wood v. . KincaidSupreme Court of North Carolina · 1907
  5. Baber v. . HanieSupreme Court of North Carolina · 1913

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