Supreme Court of North Carolina November 24, 1903 (Joines v. Johnson)

WaleeR, J.

This action was brought to recover the amount of a note and to foreclose a mortgage given to secure its payment. The plaintiff alleged in his complaint that on August 30, 1894, the defendants made and delivered to- him a note under seal for the sum of $100 due August 1, 1896, and to secure its payment they executed a mortgage upon the land therein described, and that no part of the