H. Weil & Bros. v. Thomas

Citations

• 114 N.C. 197

Syllabus

<p>Action to Foreclose Mortgage — ITusbcmcl and Wife — Mortgage of Wife’s Land as Security for Husband’s Debt — Principal and Surety — Exoneration of Surety Land.</p> <p>1. A married woman, who has mortgaged her land as security for her husband’s debt, has the rights of a surety as to the liability thus imposed on her property, and is entitled to have all of her husband’s estate included in the mortgage exhausted to the exoneration of hers; she may also object to the diversion of funds that should have been applied on the debt to her exoneration, if made without her consent.</p> <p>2. In such case the heirs of the wife are entitled to the same protection.</p>