Cheek v. . Nall
Supreme Court of North Carolina
Civil aotiok, tried before Bryan, J., at February Term, 1893, of Chathaji Superior Court, for the foreclosure of a mortgage. By consent of parties a jury trial was waived, and his Honor found the following facts: On the 4th day of March, 1889, the defendants executed the bond and mortgage mentioned in the amended complaint.
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Civil aotiok, tried before Bryan, J., at February Term, 1893, of Chathaji Superior Court, for the foreclosure of a mortgage. By consent of parties a jury trial was waived, and his Honor found the following facts: On the 4th day of March, 1889, the defendants executed the bond and mortgage mentioned in the amended complaint. That subsequent to the execution and attestation of said bond, and the acknowledgment and privy examination of the mortgagors, the bond was changed so that it was a promise to pay four hundred dollars instead of two hundred dollars, and the consideration of the mortgage…
1Opinion of the Court
Shepherd, C. J.:
As to the male defendant, the delivery of the bond and mortgage is admitted, and it is very clear that his fraudulent alterations of the same cannot have the effect of relieving him from the liability imposed by their original terms.
As to the feme defendant it appears from the admission in the pleadings and the facts found by his Honor that she signed both of the above-mentioned instruments and was privily examined as to the execution of the mortgage. These, with her consent, were taken possession of by the male defendant, her husband, and some days thereafter delivered to the…
2Cases cited5 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Barbee v. . BarbeeSupreme Court of North Carolina · 1891
- Love's Executors v. . HarbinSupreme Court of North Carolina · 1882
- Brown v. HooverSupreme Court of North Carolina · 1877
3Cited by8 opinions
- Bryan v. . EasonSupreme Court of North Carolina · 1908
- Marcom v. . AdamsSupreme Court of North Carolina · 1898
- Jeffrey v. RosenfeldMassachusetts Supreme Judicial Court · 1901
- Wicker v. . JonesSupreme Court of North Carolina · 1912
- Wicker v. JonesSupreme Court of North Carolina · 1912
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