Foster v. . Davis
Supreme Court of North Carolina
Appeal by defendants from Oline, J., at the November Term, 1917, of Davie. This proceeding was commenced for the purpose of selling the lands of John A. Davis, deceased, to make assets, but Foy & Shemwell were permitted to be made parties to enable them to claim the share of Mrs. Ida "Walser, one of the heirs, under a mortgage, subject to the debts of John A. Davis, and the whole controversy relates to the mortgage and the debt secured thereby.
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Appeal by defendants from Oline, J., at the November Term, 1917, of Davie. This proceeding was commenced for the purpose of selling the lands of John A. Davis, deceased, to make assets, but Foy & Shemwell were permitted to be made parties to enable them to claim the share of Mrs. Ida "Walser, one of the heirs, under a mortgage, subject to the debts of John A. Davis, and the whole controversy relates to the mortgage and the debt secured thereby. A jury trial was waived, and the issues involved tried before a- referee, who made the following findings of fact: “2. I find as a fact that on 22…
1Opinion of the CourtAlleN, J.
In our opinion there is ample evidence to sustain the finding of fact that Mrs. Walser executed the mortgage conveying her- interest in the land of ber father as security for the debt of her husband.
The evidence shows that the mortgage secures a note for $625; that the note was for the purchase price of two gray mules; that the mules were bought by the husband at Lexington in the absence of the wife; that the husband signed an instrument at Lexington promising to pay $625 for the mules, in which the title was retained, and that the parties then went to the home of Mrs. "Walser, 20 miles…
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