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BEAVER v. LEDBETTER

No. 290.

152 S.E.2d 165 (1967)

269 N.C. 142

Mildred Collins BEAVER, Plaintiff, v. P. L. LEDBETTER and Wife, Katherine H. Ledbetter, Defendants.

Supreme Court of North Carolina.

January 20, 1967.

Attorney(s) appearing for the Case

Brock Barkley, Charlotte, for plaintiff appellee.

Kenneth B. Cruse, Concord, for defendant appellants.

BOBBITT, Justice.

Plaintiff bases her right to recover on this well settled legal principle: Where a purchaser of mortgaged land, by a valid and sufficient contract of assumption, agrees with the mortgagor, who is personally liable therefor, to assume and to pay the mortgage debt, such agreement inures to the benefit of the holder of the mortgage; and the holder of the mortgage can maintain an action at law on such agreement. Baber v. Hanie, 163 N.C. 588, 80 S.E....

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