Hedrick v. . Byerly
Supreme Court of North Carolina
Civil aotioN, tried before HoTce, J'., at Spring Term, 1896, of DavidsoN Superior Court. The facts appear in the opinion of Associate Justice Montgomery. There was judgment for plaintiff and defendants appealed.
1Opinion of the Court
MONTGOMERY, J. :
This action was commenced on the 6th of August, 1895, to foreclose a mortgage on real estate. The land conveyed was the property of the feme defendant, and the debt that of the husband, evidenced by a sealed promissory note executed by both of the defendants and payable on the 1st day of November, 1884. A payment was made on the debt on the 8th of September, 1893. Th&feme defendant requested his Honor to hold as matter of law “ that the land mortgaged, being the property of the wife, put her interest in position of surety to the debt of tbe husband. That the demand as to her…
2Cases cited8 opinions
- Cross v. AllenSupreme Court of the United States · 1891
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Gore v. . TownsendSupreme Court of North Carolina · 1890
- Hinton v. . GreenleafSupreme Court of North Carolina · 1893
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3Cited by9 opinions
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- Harrington v. Rawls.Supreme Court of North Carolina · 1902
- Fleming v. . BardenSupreme Court of North Carolina · 1900
- Meares v. . ButlerSupreme Court of North Carolina · 1898
- Demai v. . TartSupreme Court of North Carolina · 1942
4 more not listed; retrieve them via the Exa API.