MONTSINGER v. WHITE

No. 749.

82 S.E.2d 362 (1954)

240 N.C. 441

MONTSINGER v. WHITE.

Supreme Court of North Carolina.

June 4, 1954.


Attorney(s) appearing for the Case

Albert W. Kennon, Durham, for plaintiff appellee.

White & White, Daniel M. Williams, Jr., Durham, for defendant appellant.


DENNY, Justice.

The question to be determined on this appeal is simply this: Did the plaintiff, who neither assumed nor agreed to pay the note secured by the deed of trust on the property held by her and her deceased husband, as tenants by the entirety, but whose deceased husband did assume and agree to pay the note, have the right to pay the balance due thereon at his death and to file a claim against his estate for the amount paid?

The fact that the plaintiff...

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