Woodlief v. . Harris and Parham
Supreme Court of North Carolina
Civil ACTION, tried on appeal from a justice of the peace, before Clark, Judge, and a jury, at October Civil Term, 1885, of Wake Superior Court.
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Civil ACTION, tried on appeal from a justice of the peace, before Clark, Judge, and a jury, at October Civil Term, 1885, of Wake Superior Court. The action is for the recovery of the value of a bale of cotton, converted by the defendants to their own use; and on the trial before the jury, they rendered the following special verdict: “The jury find as a special verdict, that the defendants bought three bales of cotton, raised by the mortgagor Pearce on his farm in Franklin county during the year 1883; and the jury further say, that if the Court is of opinion that the mortgage from Pearce to…
1Opinion of the CourtSmith, C. J.
(after stating the facts). We concur in the opinion that the deed is ineffectual under the statute, and for the reason given. The advancements must he to aid in the making of the crops to which the lien attaches. Patapsco Guano Co. v. Magee, 86 N. C., 350; Reese v. Cole, 93 N. C., 87. But we differ from the Judge, as to the efficacy of the deed as a common law mortgage. In Harris v. Jones, 83 N. C., 317, it was decided that the words “convey a lien upon each and every of said crops to be cultivated and made upon the said lands,” were sufficient to constitute a mortgage. In the view of a Court…
2Cases cited4 opinions
- Harris v. . JonesSupreme Court of North Carolina · 1880
- Patapsco Guano Co. v. MageeSupreme Court of North Carolina · 1882
- Atkinson v. . GravesSupreme Court of North Carolina · 1884
- Jno. S. Reese & Co. v. ColeSupreme Court of North Carolina · 1885
3Cited by13 opinions
- Taylor v. . HodgesSupreme Court of North Carolina · 1890
- State v. . GarrisSupreme Court of North Carolina · 1887
- Gwathney v. . EtheridgeSupreme Court of North Carolina · 1888
- State v. . LoganSupreme Court of North Carolina · 1888
- State v. . SurlesSupreme Court of North Carolina · 1895
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