WALSTON v. TWIFORD

No. 18.

105 S.E.2d 62 (1958)

248 N.C. 691

W. F. WALSTON and wife, Wilhelmina P. Walston, v. Russell E. TWIFORD, Substitute Trustee, and Charles Buxton Small, Administrator of the Estate of Mattie A. Picot, Deceased.

Supreme Court of North Carolina.

September 17, 1958.


Attorney(s) appearing for the Case

J. W. Jennette, Elizabeth City, for plaintiff-appellant.

Small & Small, Elizabeth City, for defendant-appellees.


RODMAN, Justice.

"A mortgage is a conveyance by a debtor to his creditor, or to some one in trust for him, as a security for the debt." Robinson v. Willoughby, 65 N.C. 520; Watkins v. Williams, 123 N.C. 170, 31 S.E. 388; Wilson v. Fisher, 148 N.C. 535, 62 S.E. 622.

"A mortgage which purports to secure the payment of a debt has no validity if the debt has no existence." Bradham v. Robinson, 236 N.C. 589, 73 S...

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