ActioN of Claim and Delivery, tried at March Term, 1894, of Halifax Superior Court, before Graves, J., on an agreed statement of facts as follows: “On November 19, 1887, one P. G.Solomon purchased a bay mare from W. M. Perkins, Jr., for the sum of one hundred dollars.
Cited by 1 later decisions — most recently October 1901
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
When the surety Yin son paid the note in full on the 9th of November, 1887, and failed to have it assigned to a trustee for his benefit, the debt was discharged.
Peebles v. Gay,
115 N. C., 38;
Lyles v. Rogers,
113 N. C., 197, and authorities there cited. The satisfaction of the ■debt extinguished the vendor’s lien, and the legal estate in the horse, at the time^in the possession of Solomon, vested in his mortgagee, who had then a first lien on it, and, on breach of the condition, the right to recover the possession of the horse, as he seeks to do in this action.
