Legal Opinion
Crowell Little v. County of Orange
Court of Appeals of North Carolina
Decided November 17, 1976No. 7615SC449PublishedCited by 9 opinions
1Opinion of the Court
ARNOLD, Judge.
The issue here is whether plaintiff has a security interest which is superior to the tax liens of Orange County and the Town of Chapel Hill. Requirements for an enforceable security interest in cases not involving land are (1) a writing; (2) the debtor’s signature; and (3) a description of the collateral. Evans v. Everett, 279 N.C. 352, 183 S.E. 2d 109 (1971). Also see 44 N.C.L. Rev. 716, 724. Several sections of the Uniform Commercial Code, G.S. 25-1-101 et seq., are relevant. The crucial section, G.S. 25-9-203(1) (b) provides:
“ & security interest is not enforceable against .…
2Cases cited5 opinions
- In the Matter of Numeric Corp., Bankrupt. Appeal of Russell E. BlankCourt of Appeals for the First Circuit · 1973
- In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
- Evans v. EverettSupreme Court of North Carolina · 1971
- In Re Carmichael Enterprises, Inc.District Court, N.D. Georgia · 1971
- J. PERRY JONES REALTY, INCORPORATED v. McLambCourt of Appeals of North Carolina · 1974
3Cited by9 opinions
- Mitchell v. Rock Hill National Bank (In Re Mid-Atlantic Piping Products of Charlotte, Inc.)United States Bankruptcy Court, W.D. North Carolina · 1982
- Bank of America, N.A. v. Outboard Marine Corp. (In Re Outboard Marine Corp.)United States Bankruptcy Court, N.D. Illinois · 2003
- In Re Rex Printing, Inc.United States Bankruptcy Court, N.D. Indiana · 1981
- Strickler v. Thomas (In Re Thomas)United States Bankruptcy Court, W.D. Virginia · 1980
- Valmont Equipment Co. v. Great Basin Transport, Inc. (In Re Great Basin Transport, Inc.)United States Bankruptcy Court, W.D. Oklahoma · 1983
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