INGLE v. McCURRY

No. 306.

89 S.E.2d 745 (1955)

243 N.C. 65

J. S. INGLE and Augusta Ingle, his wife, v. Ed McCURRY.

Supreme Court of North Carolina.

November 2, 1955.


Attorney(s) appearing for the Case

Childs & Childs, Lincolnton, and Fred D. Caldwell, Maiden, for plaintiffs, appellants.

Russell W. Whitener and J. H. Evans, Newton, for defendant, appellee.


JOHNSON, Justice.

This is a civil action to recover the balance alleged to be due on a promissory note. The defendant by answer admits the execution of the note but denies that any sum remains due thereon. Also, by way of affirmative defense the defendant alleges: (1) that the note was given for the balance of the purchase price of real estate and was secured by mortgage; (2) that the note and mortgage were prepared under the direction and supervision of the plaintiffs...

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