HARDY v. NEVILLE

No. 181.

135 S.E.2d 48 (1964)

261 N.C. 454

Robert HARDY and Lola M. Hardy v. J. P. NEVILLE and Carrie W. Neville and Lonso W. Lock.

Supreme Court of North Carolina.

March 18, 1964.


Attorney(s) appearing for the Case

Samuel S. Mitchell, Raleigh, R. Conrad Boddie, Rocky Mount, Theaoseus T. Clayton, Warrenton, Earl Whitted, Jr., Goldsboro, for plaintiffs appellants.

Branch & Hux, by George A. Hux; Rom B. Parker, Enfield, for defendants appellees.


HIGGINS, Justice.

The plaintiffs moved for judgment on the pleadings, contending the allegations and admissions in the defendants' answer show conclusively that the deed executed by the plaintiffs to J. P. Neville and wife on February 2, 1961, was in fact security for a debt and in equity a mortgage. The defendants alleged that prior to January 1, 1961, the plaintiffs were heavily indebted and threatened with the foreclosure of two deeds of trust on their farm. The...

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