Supreme Court of North Carolina February 5, 1895 (W. H. Morris & Sons v. Burgess)

Avert, J.:

The action was brought for judgment upon a note under seal and for foreclosure of a mortgage upon land executed to secure the debt. The Court had in its discretion refused to allow an amendment, declaring on a judgment rendered on the bond in a court of competent jurisdiction of the State of Virginia, instead of upon the

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bond itself.