Legal Opinion

Moore v. . Brady

Supreme Court of North Carolina

Decided October 10, 1899PublishedCited by 7 opinions

Ouaim /VNd Deliveiíy for a bale of cotton, commenced in Justice’s Court of NoRtjiamptoN County, appealed to the Superior Court, and determined before Dolce, J., at Spring Term, 1899. The action was commenced October 12, 1898. There were no written pleadings.

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Ouaim /VNd Deliveiíy for a bale of cotton, commenced in Justice’s Court of NoRtjiamptoN County, appealed to the Superior Court, and determined before Dolce, J., at Spring Term, 1899. The action was commenced October 12, 1898. There were no written pleadings. The plaintiff claimed the possession of a bale of cotton of the value of $25 under a verbal mortgage to him from the defendant made in February, 18 9S, to secure a balance of that amount due by account— which cotton Henry Bracy, a tenant of defendant, would owe him as rent, at the end of the year1. Under this auxiliary proceeding the…

1Opinion of the CourtFurches, J.

This action was commenced before a Justice of the Peace for the possession of a bale of cotton, plaintiff claiming that he was the owner of the same by virtue of a verbal mortgage. The defendant seems to have been indebted to the plaintiffs; which they agreed to be $25, and to secure the same stated that one Henry Bracy, a tenant of defendant, would be due him a bale of cotton as rent; and agreed verbally to mortgage the same to plaintiff, to secure the payment of the $25. This was in February and the action was brought in October. So it would seem that the cotton that plaintiff contends Avas…

2Cases cited4 opinions

  1. Blakely v. . PatrickSupreme Court of North Carolina · 1872
  2. Haughton v. . NewberrySupreme Court of North Carolina · 1873
  3. Webb v. . TaylorSupreme Court of North Carolina · 1879
  4. McDaniel v. . AllenSupreme Court of North Carolina · 1888

3Cited by7 opinions

  1. Thomas v. Cooksey.Supreme Court of North Carolina · 1902
  2. Scottsdale Ginning Co. v. LonganArizona Supreme Court · 1922
  3. J. F. White Co. v. CarrollSupreme Court of North Carolina · 1907
  4. Kearns v. Davis Bros.Supreme Court of North Carolina · 1923
  5. Forehand v. Edenton Farmers Co.Supreme Court of North Carolina · 1934

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