Lipsitz v. . Smith
Supreme Court of North Carolina
ActioN in tbe nature of a bill of interpleader, beard on motion to require plaintiff to pay tbe money into court, before Connor, J., at May Term, 1919, of Beetie. There was judgment directing tbe plaintiff to pay tbis fund into court or give a solvent bond to secure tbe same, etc. Plaintiff excepted and appealed.
1Opinion of the CourtHoke, J.
On tbe bearing it was made to appear tbat in 1915 William E. Smith and his wife Mary, being indebted to tbe plaintiff, in order to secure said indebtedness, executed a mortgage on tbe land of Mary Smith, bis wife, with power of sale. And soon thereafter said Mary Smith died leaving a last will and testament, devising her lands, in unequal proportion to her husband, her three daughters, Hattie Hardy, Mariah Hardy, and Joe Alfred Hardy, now intermarried with her co-defendant, Lonnie Perry. Tbat said indebtedness being due and unpaid as per contract, plaintiff, under the power of sale contained…
2Cases cited10 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Brown v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1914
- First National Bank v. Dovetail Body & Gear Co.Indiana Supreme Court · 1896
- Warren v. . StancillSupreme Court of North Carolina · 1895
- Blackwell v. . McCaineSupreme Court of North Carolina · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pue v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1942
- Pue v. HoodSupreme Court of North Carolina · 1942
- Walker v. . BurtSupreme Court of North Carolina · 1921
- Penn-Allen Cement Co. v. PhillipsSupreme Court of North Carolina · 1921
- Bizzell v. Auto Tire & Equipment Co.Supreme Court of North Carolina · 1921
3 more not listed; retrieve them via the Exa API.